RD 847/2026 on asbestos: new obligations for construction and maintenance

Key data

If your company works in construction, demolition, maintenance or installations, the Royal Decree 847/2026 affects you from the day of its publication. The regulation transposes Directive (EU) 2023/2668 and completely replaces RD 396/2006, which had been regulating asbestos work in Spain for twenty years. The changes are not minor: they affect the core of prevention protocols, staff qualification and the protective equipment your workers use.

What does this regulation establish?

RD 847/2026 introduces six structural changes compared to the previous framework. Below are all the changes covered by the regulation:

The methodological change in measuring the exposure limit is particularly relevant: by abandoning optical microscopy, values that previously could be considered safe may no longer be so with the new technique. This requires reviewing historical measurements and conducting new risk assessments.

Economic and operational impact

The regulation does not set specific economic sanctions in the published summary, but the operational impact is immediate and significant in several areas:

• Cost of prior identification: Before each demolition, rehabilitation or maintenance, you must hire or accredit qualified personnel to identify asbestos-containing materials. This adds a preliminary phase to any project affecting buildings with possible asbestos presence.
• RPE fit testing: Each exposed worker must undergo individualized fit testing of their respiratory protective equipment. This involves time, testing costs and possible replacement of equipment that fails the fit test.
• Change in measurement method: Companies will need to update or contract environmental measurement services that no longer use optical microscopy, which may increase analysis costs.
• Removal vs. encapsulation: The legal priority of removing asbestos over encapsulating it implies more costly and complex work, though more definitive. Rehabilitation budgets must reflect this change.
• Update of work plans: All current work plans must be reviewed and adapted to the new approval procedures and the updated Registry of companies with asbestos risk.
• Accredited training: Companies must accredit their workers' training in accordance with new requirements, which may require refresher training.

Who does it affect?

• Construction companies executing work on buildings with possible asbestos presence (especially buildings constructed before the 1990s).
• Demolition companies performing total or partial demolition of properties.
• Maintenance companies of industrial facilities, office buildings, hospitals, schools or other infrastructure with materials that may contain asbestos.
• Installation companies (plumbing, electrical, air conditioning) working on buildings with asbestos exposure risk.
• Prevention services internal and external that advise any of the above sectors.
• Self-employed workers performing work in the mentioned sectors.
• Developers and property owners commissioning rehabilitation or demolition work, as prior identification is mandatory before starting work.

Practical example

A rehabilitation company receives an order to renovate the facilities of a public school built in 1978. Before RD 847/2026, it could start work with a standard risk assessment and, if it found asbestos, choose to encapsulate it to reduce costs.

With the new regulation, the process changes substantially:

1. Before touching anything, it must hire qualified personnel to identify whether there are asbestos-containing materials in the building.
2. If asbestos is detected, the work plan must contemplate its removal as the priority option, not encapsulation.
3. All workers who will be involved must have individualized fit testing of their respiratory protective equipment.
4. During work, operators must have at least 10 minutes of personal hygiene before each food intake.
5. Environmental measurements must be performed using the new method (not optical microscopy).
6. The work plan must be processed according to the new approval procedures and the company must be registered in the updated Registry.

The result: greater protection for workers, but also a longer, more costly process with more documentary requirements that must be resolved before starting work.

What should companies do now?

1. Review all current work plans related to asbestos and adapt them to the new approval procedures required by RD 847/2026.
2. Verify registration in the Registry of companies with asbestos risk and update it according to the new registry requirements.
3. Accredit the qualification of personnel responsible for identifying asbestos-containing materials before demolitions, maintenance or rehabilitation.
4. Perform individualized fit tests for all respiratory protective equipment of exposed workers.
5. Update risk assessments with the new method for measuring environmental exposure limits, replacing measurements based on optical microscopy.
6. Review hygiene protocols to ensure at least 10 minutes of personal hygiene before each food intake in work with exposure risk.
7. Update work budgets to reflect the legal priority of asbestos removal over encapsulation.
8. Accredit worker training in accordance with new requirements, organizing refresher training if necessary.

Official source

Consult complete regulation at official source

Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-22081