Amiant Tècnic
Law 8/2026

Fines and penalties for not having the asbestos certificate

Law 8/2026 requires an asbestos certificate to sell or rent in Catalonia, but the penalty chapter will only come into force once the implementing decree is approved. Here I explain, honestly, what is and isn't known about fines, and why getting the certificate is the simplest way not to have to worry about it.

Is there a fine for not having the asbestos certificate?

Law 8/2026 provides for penalties for not handing over the certificate. But that penalty chapter will not come into force until the implementing decree is approved; until then only the general environmental sanctions apply. So, for now, there is no specific fine applicable for not having it, and any other detail should be taken with caution.

When will the penalties be applicable?

Once the decree developing the penalty regime is approved, which has not happened yet. The law is already under way, but that specific chapter is waiting for the decree. Once approved, it will spell out how they are applied.

If there is no fine yet, what are the real risks?

Not having the certificate is still failing to meet a legal obligation. In addition, the law recognises the buyer's or tenant's right to obtain it, and the seventh additional provision requires the certification to be recorded when the property is transferred at the Land Registry. In practice, this can mean delays and problems when closing the deal.

Can the notary ask for the certificate before signing?

The law does not regulate what the notary must check, but it does require the certificate to be recorded at the Land Registry when the property is transferred, so it is reasonable for the notary or the other party to ask for it before signing. Not having it ready can force you to delay the deal at the worst possible moment.

What liability do I have towards the buyer or tenant if I don't have it?

As the seller or landlord, you're the one who must certify the property's asbestos situation. Not having the certificate, beyond the possible administrative risk, can create liability towards the buyer or tenant if an asbestos-related issue that wasn't properly disclosed comes up later.

Is it worth the risk of skipping the certificate?

My honest recommendation is no. The certificate costs €150 + VAT for homes and premises up to 200 m², and the process is quick and hassle-free. Against such a modest cost, risking an administrative problem, a delayed signing or a later claim simply isn't worth it.

Where can I find official information about the sanctions?

I recommend checking official Generalitat de Catalunya sources as the regulatory development of Law 8/2026 is published, or consulting a legal professional if you need a precise legal assessment for your case. I can help with the technical side of the certificate, but I'm not the source for final legal figures.

How do I avoid any risk of a sanction?

The simplest way: request the certificate in good time. I visit the property, I can usually schedule the visit within a few days, and I deliver the report within a few days of the visit. That way you have the certificate ready before signing, without having to worry about which infringement category your case might fall under.

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For €150 + VAT you'll have the certificate ready in a few days. Tell me about your case.

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