One of the Multilingual property lawyers was in the office preparing a file to declare a new building in Spain and told himself to update our blog with an entry on the necessary documentation for how this would be granted.
A new building is a legal act in Spain that is performed before a notary by and grants a public deed by which a completed construction is declared, that one is being built on a site or that there will be the modification of an existing construction. Once the public deed is granted, it must be presented in the corresponding property registry so that the construction coincides with the register files.
As we have said, the Spanish declaration of a new building may be under construction or already be completed.
Let’s focus on the necessary documents for the granting of a New Building Title Deed of Declaration of completed, new works. To appear before a notary in Spain, one must provide the following documents and have the following requirements:
- Spanish Building License. This is issued by the corresponding municipality, which authorises one to carry out the works. Normally, the town hall issues the corresponding license after the payment of a tax and has seen a project drafted by an architect and duly certified by the corresponding college of architects.
- Final certificate of work. This is issued by the architect and technical surveyor (if he or she had intervened) where it is specified that the works have been completed according to the drafted project and the works license.
- Ten-year guarantee insurance policy. If it is a new work for a dwelling (including a residential building), it is necessary to have an insurance policy lasting 10 years to cover defects that may arise from the foundation, beams, slabs and that may affect the building’s stability.
It is possible to not purchase this 10-year insurance in cases of ‘self-promotion’, that is, those cases in which the owner builds the house for his own use. In these cases, if you decide to sell the property, the buyer must exonerate you in the Purchase Title Deed of this 10-year insurance and prove that you have made use of the home by providing invoices in your name where show the consumption of supplies, such as electricity, water, gas and so forth.
- License of First Occupation in Spain. This is a document issued by the corresponding municipality and proves that the house has been built in accordance with the previously granted building license and the architect’s designs. This license allows contracting with different supplying companies. In Andalusia, it is a necessary requirement to provide the License of First Occupation to grant a New Building Title.
- Energy efficiency certificate. The same architect who drafted the project can issue this energy certificate, which must show that the autonomous community designates the building as competent. This certificate is valid for 10 years.
- Building book. The documents related to the project, the act of reception of the works, the agents involved in the construction process and the instructions for use and maintenance of the building are formed with this book.
- Geo-referenced coordinates. These are coordinates used for referencing the plots unequivocally and must coincide with the Land Registry and the Cadastre.
The above list is the simplest form of the documents and requirements needed to grant a deed of new work already finished.
Do you need to declare a new building in Spain? Do not hesitate to contact our multilingual law firm in Marbella, Málaga, Spain. Welex, your conveyancing law firm in Spain, will have the pleasure to assist you in any property transaction.
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