Roof with asbestos: what the law says, who can remove it and where the waste goes

If the roof of your house is made of old fibre cement (asbestos-cement) sheets, it may contain asbestos. Portuguese law does not oblige the owner to remove the roof just for that reason, but it forbids anyone without authorisation from doing the removal and it regulates what happens to the waste. This guide explains what the law allows, what the homeowner needs to know before asking for quotes, and what we did not find: public money for private individuals to pay for removal.

Updated on 2 November 2026. General information. It does not replace an assessment by a technician or legal advice.

The essentials

• Since 24 June 2005 it has been forbidden to place products containing asbestos on the market or to use them (Decreto-Lei n.º 101/2005, the Portuguese decree-law). Products that were already installed may stay in use until the end of their service life or until they are disposed of.
• It is not compulsory to remove an asbestos roof that is in good condition. The danger comes from fibres in the air, and only a material that is broken, cut or drilled releases them.
• Removal may only be done by a company authorised by the ACT (Autoridade para as Condições do Trabalho, the labour inspectorate), with an approved work plan. According to the Agência Portuguesa do Ambiente (APA, the environment agency), removing asbestos is never a DIY job, not even at your own home.
• Only a laboratory can confirm whether there is asbestos. The look of the material is not enough.
• Once removed, the material becomes hazardous waste (LER codes 17 06 01* and 17 06 05*) and travels with an electronic waste transport guide (e-GAR) to a licensed operator.
• Support for private individuals: we did not find any open programme. See the section on this further down.

What the law forbids and what it allows

Decreto-Lei n.º 101/2005, of 23 June, banned placing products containing asbestos on the market and using them from 24 June 2005. The APA explains that anyone who had the material already installed or in service before that date is still allowed to keep it until it is disposed of or reaches the end of its service life.

In simple terms:

Situation	What the law says
Old roof with asbestos, in good condition	You may keep it, with regular checks
Buying or fitting new tiles or sheets with asbestos	Forbidden since 2005
Cutting, drilling, breaking or pressure-washing the material	Releases fibres: do not do it yourself
Removal	Only by a company with ACT authorisation
Throwing the leftovers in an ordinary skip or on the ground	Forbidden, it is hazardous waste

The danger, according to the APA

The APA writes that, as a rule, asbestos in building materials does not pose a high risk if the material is in good condition and not directly damaged. Any activity that breaks the integrity of the material (cutting, drilling, breaking) greatly increases the risk of releasing fibres into the air.

To decide what to do, the APA says a risk assessment should be made: the state of deterioration of the material, how accessible it is, how likely contact is, how many people are exposed and for how long. The result can be one of three paths:

1. Keep the material as it is, with regular checks and rules for maintenance.
2. Encapsulate or seal (or enclose) the material.
3. Remove it, meeting all the safety requirements.

The owner decides, with technical help. If the roof is already broken, has holes or is crumbling, removal stops being one option among three and becomes the most likely solution.

How to know whether you have asbestos

The APA says the presence of asbestos in a material can only be confirmed by laboratory analysis, and that the risk to the air can only be measured with suitable equipment and specialised technicians. For an old house, the APA also suggests asking the previous owner, who may have information about the materials.

So be wary of anyone who tells you «this is asbestos» or «this is not asbestos» just by looking. Ask for an analysis or a report from an accredited body.

Who may remove it: ACT authorisation

Decreto-Lei n.º 266/2007, of 24 July, regulates work with asbestos. These are the points that matter to the homeowner:

• Authorisation (article 24). The company asks the ACT, at least 30 days before starting, to approve the work plan and to recognise its competence. The application includes the place and nature of the work, the type and quantity of asbestos, the workers’ specific training, the laboratory that measures the fibres in the air, the plan with the site layout and the list of equipment.
• Notification (article 3). Work that exposes people to asbestos dust is notified to the ACT, also with at least 30 days’ notice. The APA clarifies that the notification is the responsibility of whoever carries out the work (the client or the contractor).
• Copy of the authorisation on site (article 24, paragraph 7). The holder must display a copy of the document in a clearly visible place on site. Ask to see it.
• Limit value. Set at 0.1 fibre per cubic centimetre of air (article 4).
• Before starting (article 10). The employer identifies the materials that presumably contain asbestos, also using information from the owner. If in doubt, the rules of the decree-law apply.
• Reinforced protection. Respiratory protective equipment is compulsory, along with warning signs and no spread of dust outside the work area.

Breaches of the regime (for example, working without the measures in articles 6 to 10) are very serious labour offences (contraordenações laborais muito graves, article 25). They apply to employers, not to the homeowner who hires them.

Before accepting a quote, ask for:

1. the company’s ACT authorisation for work with asbestos, and the document number;
2. confirmation that it will make the notification and the work plan for your job;
3. the name of the licensed waste operator where the material will be taken;
4. the proof of the e-GAR at the end of the job.

A company that offers to «take the roof off tomorrow» and haul away the sheets without these papers is not complying with the 30-day period set by law.

What happens to the waste

The materials removed become construction and demolition waste containing asbestos (RCDA), classed as hazardous, with the LER codes 17 06 01* and 17 06 05*. Portaria n.º 40/2014, of 17 February, amended by Portaria n.º 28/2019, of 18 January, sets the rules for packaging, labelling and transport. According to the APA:

• Managing construction and demolition waste (RCD) is the responsibility of the producer. In the case of removal, the producer is the company that takes inventory of the material and removes it. It names the final destination (landfill) already in the application to the ACT, with the expected quantities.
• Transport uses electronic guides (e-GAR), which make it possible to follow the waste from the site to the landfill. If there is an intermediate operator, the two e-GARs must be linked, and the producer can view both.
• The waste should stay on site for as short a time as possible. Wherever possible, it should go straight from the removal site to a licensed operator.
• The list of licensed operators is on the APA website and in the SILOGR application (the national waste register). The APA recommends asking the operator for its licence or permit, because the list depends on whoever updates it.

For the owner: keep the e-GAR, the proof of receipt at the landfill and the invoice. They belong in the property file.

If the asbestos has been on the ground

After removing asbestos waste that has been in direct contact with the soil, the APA recommends a soil analysis by an accredited body. If there is asbestos in the soil, remediation is needed, with licensing from the CCDR (Comissão de Coordenação e Desenvolvimento Regional, the regional development commission) of your region.

Support for private individuals: what we found

Nothing in force. We searched for funding programmes for removing asbestos from private homes and found none open to private individuals. According to the sources we read, what exists are programmes for public buildings.

• The proposal for the 2026 State Budget (Orçamento do Estado) would have included measures on asbestos, but we could not confirm the approved text or whether it applies to private homes.
• 6% VAT (IVA) on labour (see the guide to VAT on roof works) applies to replacing the roof of a dwelling, but check with the contractor for work involving asbestos.
• If your home was hit by a storm, see the guide to support after storm Kristin. Housing applications closed on 7 April 2026.

Be wary of anyone who promises a «State subsidy to remove the asbestos roof» without giving you the name of the programme and the notice in the Diário da República (the official gazette) or from a public body.

Before you touch anything: a short checklist

1. Do not cut, drill, break or pressure-wash the sheets. Do not run a cleaning machine over the moss without knowing what the sheets are.
2. Ask for an analysis (accredited laboratory) if you have doubts.
3. Ask a technician for a risk assessment: keep, encapsulate or remove.
4. Ask for several quotes from companies with ACT authorisation, and compare the list of documents, not just the price.
5. Check the building permit (repairing and replacing a roof is usually exempt, but see the guide to building permits for roofs).
6. Keep the authorisation, the e-GAR and the invoice.

What we could not confirm

• Removal prices. We do not publish figures because we have no official source. Compare quotes.
• Support programmes for private individuals. We found none open. There may be local schemes run by town halls (câmaras): ask yours.
• The approved text of the 2026 State Budget on asbestos.
• The ACT practical guide on the concept of «sporadic and low-intensity exposure» (article 23), which may exempt some work from notification in limited cases. We have not read it, and you should not count on it for a roof.
• The condition of each house. This guide is general. A technician has to see your roof.

Sources (read on 2 November 2026)

• Agência Portuguesa do Ambiente, Perguntas Frequentes, Resíduos de Construção e Demolição com Amianto (RCDA), version 3.0, September 2024 (questions A4, A5, B1, C1 to C6, D1, E1 to E4).
• Decreto-Lei n.º 266/2007, de 24 de julho, Diário da República, 1.ª série, n.º 141 (articles 3, 4, 10, 24 and 25; text read from the official gazette’s PDF).
• Decreto-Lei n.º 101/2005, de 23 de junho (ban from 24 June 2005): cited through the APA, not read directly.
• Portaria n.º 40/2014, de 17 de fevereiro, alterada pela Portaria n.º 28/2019, de 18 de janeiro: cited through the APA, not read directly.