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News: You need a Habitation Certificate before you sell or rent

12 Dec 2015 Back
You need a Habitation Certificate before you sell or rent

What is a Habitation Certificate (Cédula de Habitabilidad)?

A Habitation Certificate which is also known in Spanish as (Cédula de Habitabilidad) is a legal requirement in the whole of Spain. It is a certificate that is issued by the local town hall of the area once the property has been completed by the builder and is ready to be habitual. The certificate is written confirmation that the property has been correctly built and water tight using the planning permission that the builder has received from the local town hall. If you have decided to put your property on the market for sale or If you are thinking of renting your Spanish property you will need this essential document that must be in date and valid.

Once the Habitation Certificate has been issued it is valid for ten years, after this date has expired it will be necessary for the current owner/s of the property to renew the certificate and especially if you are think of selling or renting. In order to re-apply for a new Habitation Certificate, the owner must provide all the necessary documents required from the local town hall. These documents can vary depending on the local town halls procedures.

Why is a Habitation Certificate important to the seller?

A property without a valid Habitation Certificate is not legally ready for sale and cannot be sold and as far as any solicitor or buyer is concerned, so it is in the interest of all parties that the seller must have a valid Habitation Certificate in place prior to selling. In leaving this process of obtaining a new or valid Habitation Certificate until a buyer has been found will certainly have some repercussions, as any buyer who is correctly advised and legally represented will need this document before paying a deposit or going to notary to complete on the sale.

Having the correct and up to date documentation, in possession and with a valid Habitation Certificate prior to selling your property, will ensure a much quicker, uncomplicated procedure and smoother completion process with all the legal paperwork in order. Any professional and responsible estate agent should insist on a copy of a valid Habitation Certificate or at least have one in process before marketing your property for sale on the market.

Why is a Habitation Certificate important to the buyer?

If a buyer is interested in a property without a valid Habitation Certificate then they are interested in a property that is not fully legal in its current state. Without this vital document it is not possible to arrange a mortgage, as any bank will insist on receiving a copy of a valid Habitation Certificate before considering any applicate for a mortgage or bank loan. Utility companies such as water (Hidraqua) & electric (Iberdrola) will also require a valid Habitation Certificate before connecting/ changing of name/s on contacts, or setting up a new contracts for the new owners.

Re-applying for a new Habitation Certificate can take several weeks, for the current owner to obtain a new or valid Habitation Certificate even if everything is order with regard to the plans and condition of the property, but in most cases it is relatively quick and straight forward.

If any amendments (alteration or extensions) have been made to the property without permission, the current owner will need new plans (drawings) of the property by a qualified architect, at the cost of the owner to be resubmitted to the local town hall. If all is well, correct and you have paid your taxes on your (alteration or extensions) then a new Habitation Certificate will be issued.

Here at Newstart Estates we always advise the seller to have all your paperwork in order before placing your property for sale on the market. As is some cases there can be a significant delay to the completion of any sale mainly due to the town hall issuing the certificates in time. We have many clients that are cash buyers and can complete on a property very quickly so without this legal requirement you could jeopardise your potential sale of your property.

To ensure a safe & hassle free experience, for selling a property simply apply this rule “No Valid Habitation Certificate No Sale" is a sure way of having a smooth hassle free property sale for both party's sellers and buyers.

How does a seller of the property obtain a valid Habitation Certificate before sale?

It is important as costs, procedures and also the length of time to obtain a new Habitation Certificate can vary from town hall to town hall, up and down the length of Spain. It is strongly advisable to contact us or your solicitor who will be able to assist you with obtaining a new Habitation Certificate if required. If you have a property and it is located on the Costa Blanca and you wish sell it, then Newstart Estates who are experts in this field, of selling new build and resale properties, will be happy to help, advice and assist you in obtaining a new Habitation Certificate.We work closely with qualified architects, qualified solicitors and qualified lawyers who in turn work closely with local town halls and Notaries prior to marketing your Spanish property for sale.



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