The Catalan Waste Agency has published an official Q&A document on the asbestos presence or absence certificate, updated on 16 October 2026. Here I summarise the most practical questions: whether it expires, whether it works for several rentals, what it covers for a flat in a building, whether it applies to land, and more.
No. The ARC confirms that, for now, no specific validity period has been set for the certificate. As long as the property's situation doesn't change, the certificate remains valid.
Yes. If you rent the same property to different tenants over time and no work or changes have been made that could affect the inspected materials, you can reuse the certificate for each new contract without having to commission a new one every time.
No. When the transaction concerns an individual unit — a flat, office or premises — the certificate refers only to that unit. It doesn't need to extend to roofs, façades, drainpipes or other shared elements of the building, which would be covered, if needed, by a separate inspection commissioned by the owners' association.
At the moment it's enough to have the certificate before formalising the sale or rental contract. It isn't mandatory to already have it when publishing the listing or starting to market the property, although it's worth requesting it early so it doesn't delay signing.
No. A property or building appearing in the Catalan Census of materials containing asbestos does not replace the certificate of presence or absence of asbestos required under Article 21 of Law 8/2026. They're two separate documents with different purposes.
Yes. The basic template allows the certificate to be issued limited to the spaces and elements that could be accessed, with that limitation expressly stated. This is common, for example, in occupied properties where it isn't possible to inspect every room. The template itself warns of the possible existence of hidden or inaccessible materials that couldn't be assessed.
Not yet. The inspection methodology, along with the final criteria and competency requirements for issuing the certificate, must be set by regulation, which is still pending publication. In the meantime, the ARC's basic template relies on a simple visual inspection of visible and accessible elements, without treating any specific technical standard as mandatory.
The current basic template doesn't require taking samples or lab analysis: a visual inspection is enough. If the surveyor detects a suspicious material that can't be confirmed visually, they can add a note to the certificate stating that further verification is needed, since the template allows content beyond the legal minimum to be included.
Yes. Land, even if unbuilt, is also real estate, and when selling or renting you will need to show the presence or absence of visible asbestos. In that case the visual inspection covers the surface of the plot.
Until the regulation is approved, it can be issued by the professional categories of Law 38/1999 on building regulation: architects, technical architects, engineers and technical engineers, according to their competences. Specific training in occupational risk prevention or asbestos does not replace these requirements.
Yes. An in-person visit is essential: the technician certifies the result after carrying out the visual inspection of the spaces and elements they could access.
Yes. The obligation applies to properties built before 2002, and any renovation work does not change that criterion on its own.
What counts is the age of the property: the relevant criterion is whether it is from before or after 2002, not its use today.
Yes. The certificate is the only document provided for in article 21 to report the presence or absence of asbestos. That said, the removal paperwork can help the technician prepare it. And if an earlier certificate reported asbestos that was later removed, a new one will only be needed on a new sale or rental.
No. Until the regulation is developed, the building technical inspection report (ITE) does not replace the article 21 certificate of Law 8/2026, even if it includes information on asbestos-containing materials.
The law does not expressly provide for an exemption for derelict buildings. If the condition of the property prevents safe access to certain areas, the certificate can be limited to what could be inspected, noting the limitations.
Yes. Article 21.2 requires it to be handed over when a property is sold or rented, without excluding holiday rentals or distinguishing by length of the rental. For now it is enough to have it when the contract is signed, not when the listing is published.
Article 21 expressly refers to sales and rentals (transfers for consideration). For other transactions, such as inheritances, gifts or contributions to companies, the law does not expressly regulate it.
Obtaining the certificate is a right of the buyer or tenant and, like any right, they can exercise it or waive it.
The certificate must unequivocally identify each unit involved in the transaction and reflect the inspection result for each. A single document can cover more than one unit if all are identified and inspected and each result is shown separately.
No, under no circumstances. The certificate is informational: it reports the presence or absence of visible asbestos, its condition and the risk it may pose to people.
The law recognises the buyer's or tenant's right to request it, but does not expressly regulate the effects of not having it on completing the transaction or on the role of notaries and registrars. That said, the seventh additional provision requires the certification to be recorded at the Land Registry when the property is transferred.
The certificate is limited to what was actually inspected and to the visible, accessible elements at that moment. The later discovery of hidden, inaccessible or visually unidentifiable asbestos does not, on its own, make the certificate incorrect. The technician's responsibility is assessed according to the circumstances of each case.