The deed of new construction, a series of procedures so that, once the building is ready, it can be conveniently enjoyed.
What is new work writing?
The new construction deed is a notarial document with the changes that have been carried out on a property, which may consist of the erection of a new building or, for example, changes that have been made to a plot to build or build above or below it, in order to record them in the Property Registry. This document allows its existence to be transferred to the registry books, to manage and coordinate its management, registration, as well as the extra-registry reality.
In simpler terms, it is attested before a notary that a building is being built (or has already been built) on a specific piece of land. And then, it is important to register this document in the Property Registry so that we can easily complete any procedure. Fundamentally, because it confirms that we are its owners and that, as such, we can make the changes we consider appropriate, in addition to obtaining legal protection against any mishap.
Who can formalize the deed of new work?
Normally they can carry out this procedure, depending on who is responsible for the work:
1.-Developer or construction company: It is the most common case, because it is a company that is in charge of promoting the work and carrying it out. And it normally does so as part of a promotion project, for subsequent sale or rental.
2.-Self-promoter or individual: Here it is a private person who decides to build a home, on land they own and for their own use.
Is it mandatory to write the new work?
If you are a promoter or a construction company, you must complete this deed if you plan to market the building and requires financing construction through banking entities. While individuals or self-promoters will not be Initially obliged to process it, in the long run they will have to do so if they require supply installations, such as electricity and water. So we can say that, even if it is not essential, it is highly recommended to carry out this management to guarantee the legality of the property.
When should we carry out the deed of new construction?
From the moment the works begin, it is now possible to formalize this deed. Despite which, the person responsible (person or company) can even wait until it is completed to do so.
So we distinguish two different procedures, depending on the moment in which they are carried out:
a) Deed of declaration of new construction under construction.
If the work is in process at this time and has not finished, we must gather the following documentation to be able to formalize the deed:
-An act of conformity that includes administrative authorization: to obtain this, the corresponding City Council must issue the license to carry out the works and that all the information necessary for the location of the farm where it is being built.
-A certification that proves that the construction work conforms to its description: this must be written and signed by a competent technician.
-Work completion certificate: This document must be provided once the work is finished. It is drawn up and signed by the construction management when it has been completed, to certify that the work has been carried out according to the project and the municipal licenses.
b) Deed of declaration of completed new construction.
At the time the work is completed, and once all the previous legal requirements have also been completed, it is normally necessary to provide the following documents to obtain the aforementioned deed:
-Deed of ownership of the plot/work.
-Administrative authorization license issued by the City Council.
Certification issued by a competent technician, such as an architect or engineer.
-First occupation license or prior communication thereof.
-Certificate of occupancy.
-Horizon division writingl (if it is carried out).
-Certificate of energy efficiency.
-Building book for deposit in the Property Registry.
-Decennial insurance for buildings that are intended for housing and are not self-promoted.
-Coordinates (according to the UTM system) of the geographical location of the property.
What happens if the building is a new 'old' construction and does not yet have its deed?
In some cases, it may happen that the building has been in existence for several years, but does not appear as registered in the Property Registry. Normally, if this is the case and the time elapsed from its construction to the date of declaration is longer than that necessary for any administrative action to declare its illegality to expire, it will be possible to process its deed, Although if this is your case we recommend that you seek specialized advice to know the steps to follow.
Usually, if it is a new "old" work that does not have a deed, it will be necessary to provide:
-The administrative authorization license granted by the City Council.
-The certificate issued by a competent technician.
-Notarial descriptive document of the property or a cadastral certification Make it descriptive and graphic.
And once it is ready, the notary will issue the deed, which will include all this documentation, a description of the property and its value. The latter will be indicated by the owner at his discretion, although it is It is advisable that it not be less than its cadastral value.
Why is the notary a key figure in this process?
With the modification in the Land Law of 2011, the role of the notary in carrying out the deed of new construction plays a key role to give full validity to the deed and to provide legal guarantees. Previously, it was possible to buy a home that included its corresponding new construction deed, which was not a guarantee that it had all the administrative permits necessary to carry out the work in accordance with the law.
However, now notaries and Property Registrars have to check all documentation to make sure that the property is completely legal and that it meets the requirements demanded by the public administration.
What is the cost of a new construction deed?
To answer this question there is no specific figure, because the cost of this procedure differs and depends on different factors, although as a general approximation, the total disbursement can normally reach at least 3 % of the appraised value of the property.
In it Law Office of Ana Rebeca Rodríguez We are specialists in this matter, we prepare daily the necessary documentation both for the declaration of new construction and for the preparation of documentation, in cases where the starting point is an old plot or home that does not have its deeds up to date. If you need advice or support on any of these matters, please do not hesitate to contact us. contact us.
