THE TEST RESULT IS ORANGE OR YELLOW

PROPIEDAD LEGALIZABLE

  • Regresar al estado legal
  • Actualizar documentos

PROPIEDAD LEGALIZABLE

  • Legalizar el estado actual
  • Actualizar documentos

The test shows that essential documents may be missing. It is really important to pay attention to that soon, because as far as it looks now you are running risks and we want to prevent that. This information is not to scare you. As a group defending interests, we have a moral duty to inform you honestly and to help you, so that you can enjoy Spain without any worries.

Although all documents are important, the Licencia de Ocupación is one of the most important. What you may not know is that a Licencia de ocupación is quickly invalid and often illegally obtained, and such an invalid document is of no use to you when it comes down to it. Make sure you are not dependent on the arbitrariness of, for example, a municipal official, the insurance company or notary.

Important documents

These documents must be physically available to all owners as proof for licences, connection to public services, juridical conflict or damage:

  • Licencia de (primera) ocupación (Licence of first occupation)
  • Cédula de habitabilidad (Residential permit, depending the comunidad in Spain)
  • End of work of all the reforms (also of the previous owners) signed by an architect
  • Copy of ourchase contract (Contracto de compra venta, opción de compra ect)
  • Copy of the deeds (Escritura)
  • Boletns of electricity, water and gas
  • Nota Catastral
  • Nota Registral
  • Nota Simple
  • Community regulatio  (Reglamento de la comunidad)
  • The insurance police with conditions (La polica del seguro con condiciones)
  • Mortgage deed

These are the requirements for a valid Licencia de Ocupación

  • The expiration date has not expired
  • There has never been reformed or extended without a permit
  • After each renovation, the license was renewed by an architect
  • There is no tolerated (time-barred) building or renovation

Most properties can be brought into legal condition by:

  • Organize all documents, if necessary by updating installations (yellow -> green)
  • Legalize illegal / tolerated buildings (yellow -> green)
  • Demolish illegal / tolerated buildings (orange -> green)

Is the Licencia de Ocupación valid and lawfully obtained?

Few owners consider it, but when applying for or renewing a Licencia de Ocupación, it must be investigated whether permits have been issued for all previous renovations (including from previous owners) followed by a Final de obra, and in particular whether the work has been carried out as described in the permit. This is rarely done, so that the risks of this invalid document pass from one owner to another until someone after years of carefree pleasure living is surprised with one or more of the following consequences:

  • A message that that illegal buildings must be demolished if legalization is not possible. Although tolerated construction does not have to be demolished, the illegal status and the possible risks below are still there.
  • Difficulties or unable to sell the property in the future before you have everything in order, for example because ethical advisers do check on behalf of the buyer whether the Licencia de Ocupación is valid or whether the notary will be obliged to verify the validity in the future. Your invested capital is stuck.
  • A prospective buyer who wants to reverse the purchase or claim damage if they discover that that essential information has been concealed.
  • The value of the property must be adjusted on the basis of its legal condition, meaning without illegal buildings (including tolerated buildings).
  • Problems with the insurance company about the payment because it has the right not to pay the damage. For minor damage, valid documents may not be requested, but logically for major damage they will.
  • Not be able to reform without consequences because the property does not meet the legal conditions.
  • If you rent out the house and the Licencia de ocupación is invalid, this almost certainly means that the rental license is also invalid, with possible consequences for, for example, the coverage of the insurance (possibly even personal injury) and risk of fines. Not only irresponsible for yourself, but also for your guests / tenants.