Declaration of new work – Obra Nueva

Filed under : Conveyancing & Property Law, Dutch Legal Services in Andalucia

Property ownership and declaration of new work – Obra nueva
During the building boom in Spain many properties were extended with new rooms, garages, patios and swimming pools built to increase the value and attractiveness of the property.
In most cases the owners were advised to ask for and obtain a licence from the Town Hall and subsequently to make a declaration before a notary called a declaration of new work – Escritura de obra nueva. This was then registered at the land registry and an application made to change the map at the Catastro – rating authority.
What do you do if your property was extended or you have a pool or garage that has not been added to the deeds? To commence the procedure you will need to review any documents obtained by your architect, builder or your own plans if it was a self-build.
If the property was extended or built more than 6 years ago you can normally appoint an arquitecto tecnico (surveyor) to come to the property and draw up a plan or to confirm that the construction has been there for more than 6 years. Lawyers can recommend professionals who can assist. If the construction was not in accordance with local or regional rules you will need specialist advice. Unfortunately in some cases the situation cannot be remedied so take advice before commencing the procedure. You may also need advice about the 10 year building guarantee (Seguro decenal).
Once you have the plan your lawyer will need to know about the monies provided for the new work. A value has to be given to the work and a tax of 1.5% paid once the deed is signed. The lawyer will provide the notary with all the documents and you will sign the deed or grant a power of attorney to the lawyer to sign on your behalf.
This deed is then presented to the land registry. This is particularly important if you want to sell the property. If it has not been done a retention will generally be made on the sale price and this money only released when the procedure is complete. The Catastro will also need to be changed and Town halls are now updating all their records to ensure this is done. However please bear in mind this can take a very long time but if you have proof of the application being made the sale would normally proceed. You will also need the Energy Efficiency Certificate – CEE before sale.
Consult experts in property law in Spain on [email protected] or Tel 952 931781 or 952 527014