Thursday, June 22, 2023

Can you notarize without a certificate of occupancy?

In several autonomous communities, the sale of a home cannot be notarized without a certificate of occupancy. In others, yes, although its function is replaced by other documents. Keep reading.

What is the certificate of habitability used for?

The habitability certificate is a document issued by an architect, a technician, a surveyor or a building engineer that certifies that your home meets all the requirements to be used as a residence.

It is an essential document by law in some areas to sell a flat or rent it, as well as to register supplies. If you don't have it yet, when you sell a flat we help you ship it as quickly as possible, with the help of one of our technical architects.

The professional will carry out a technical inspection of the property in person, where he will evaluate the electrical and sanitary installations, accessibility, security, among others, and will send the certificate directly to your email.


In which autonomous communities is the certificate of habitability mandatory?

The certificate of occupancy is a document required by law in these autonomous communities:

  • Asturias
  • Canary Islands
  • Cantabria
  • Catalonia
  • Estremadura
  • The Rioja
  • Murcia
  • Navarre
  • Balearics

In the Valencian Community, the responsible declaration is mandatory for the second and subsequent occupancies of dwellings, which accredits that any dwelling complies with the technical regulations on habitability.

The habitability certificate is no longer necessary to notarize the sale of a home in Madrid, Galicia, the Basque Country, Andalusia, Aragon, Castilla-La Mancha and Castilla y León.

In these places, other documents are used to justify the condition of habitability before notarizing a home, such as the first occupation license, the Technical Inspection of the Building (ITE) or the Building Evaluation Report (IEE).


What happens if I sell a house without a certificate of occupancy?

Selling a property without this document, in those regions where it is mandatory, can cause complications in subsequent procedures.

The main problem is insecurity. Living in (or renting) a property that has not passed the habitability test is dangerous and can have serious consequences for the new owner or tenant.

In addition, using a property as a home without a certificate of occupancy is illegal, so it will be difficult to defend yourself before a judge in the event that the problem escalates to the courts.