Asbestos Liability: Personal Injury, Compensation Funds, and Obligations in the Transfer of Contaminated Real Property

Abstract

This paper presents a systematic study of civil liability arising from asbestos exposure, analysing personal injuries suffered by exposed individuals and the legal consequences of this potentially carcinogenic material in real estate subject to transfer. It examines the normative evolution leading to asbestos’s prohibition as a hazardous substance and the characterisation of asbestos-related harm as long-latency with late diagnosis, conditioning the limitation period for actions and requiring flexible interpretation of the dies a quo, reinforced by references to other European legal orders. The analysis covers the grounds of asbestos civil liability, jurisdictional competence, and the progressive doctrinal and jurisprudential expansion of compensable damages, highlighting the Supreme Court’s recent doctrinal shift admitting retroactive application of the indicative scale under Law 35/2015 for the valuation of asbestos-related personal injuries. It addresses asbestos in real estate contracts, emphasising the broad informational duty on parties in the chain of title —including sellers, intermediaries, and notaries— which, under Law 7/2022, extends to land registrars. The study details the legal regime of the Asbestos Victims Compensation Fund created by Law 21/2022 and developed by Royal Decree 483/2025 (in force since 18 September), including access requirements, the procedure for recognising economic compensation rights, and coordination with civil liability claims. In conclusion, effective protection demands improved compensatory and disclosure mechanisms to safeguard purchasers and affected parties.