Descriptive Certificate of Construction and Age of Buildings: Complete Guide to Understanding Its Importance, Functions, and Acquisition Process
If you own a plot of land or a house built a few years ago and want to sell it, you might be surprised to find that not all the details of the property are reflected in the deed. This could be due to an error by the builder or because the work was not officially declared as completed. How can you resolve this issue? By demonstrating that the property is finished with a Descriptive Certificate of Construction and Age in a private plot. Would you like to learn more about this certificate required by law? In this post, we will clearly explain what it is and its purpose. Join us.
In the real estate world, documentation that verifies the existence, condition, and age of a building is essential to ensure legality and facilitate future transactions. One of these key documents is the Descriptive Certificate of Construction and Age, especially in private plots. Below, we will provide an in-depth analysis of what this certificate is, its importance, the requirements for obtaining it, and how it can influence the sale, renovation, or regularization of a property.
Context and Relevance of the Certificate
When we acquire a property, we want to ensure that all documentation is in order, accurately reflecting the physical and legal reality of the property. However, sometimes houses built years ago lack updated information in public records or the deed. This may be due to errors in the original construction, failure to formally declare the completion of the work, or because modifications over time were not properly registered.
This lack of documentation can cause problems when selling, mortgaging, or renovating the property. For example, if the deed does not accurately reflect the property’s actual features, buyers or financial institutions may face difficulties proceeding with the transaction. To resolve these issues, the Descriptive Certificate of Construction and Age serves as evidence of the current state of the building, its age, and its details.
Definition of the Certificate
The Descriptive Certificate of Construction and Age in a private plot is a legal document that describes a property physically and technically in its current state, including its age — that is, the date when construction was completed. This document is requested in various administrative, notarial, and registration processes, with the main purpose of providing verified evidence that the building exists, complies with current regulations, and reflects the physical reality.
This certificate includes a series of data and characteristics that offer a comprehensive view of the property, from its location and dimensions to its use and current status. Additionally, the building’s age is a key detail, especially regarding the statutes of limitations for potential urban infringements, which can affect the validity of previous records or the possibility of regularization.
What is the Descriptive Certificate of Construction and Age in a Private Plot?
As the name suggests, the Descriptive Certificate describes the physical characteristics of a property in its current state. According to current legal regulations, this certificate must contain:
- Definition of the property: general description, including its use (residential, commercial, industrial, etc.).
- Location: exact address, cadastral references, and location data on maps or plans.
- Measurements of the built and usable areas: total built surface, usable area, and layout.
- Land measurements: dimensions and boundaries of the plot.
- Building size on the plot: volume and height.
- Cadastral reference number: unique code assigned by the cadastral office.
- Registry parcel number: reference in the property registry linking the building to its legal registration.
- Urban classification of the land: classification according to the urban plan (urban, rural, developable, etc.).
- Building age: date when construction was completed and/or first occupied.
- Parts and floors: description of different levels, including ground floors, basements, attics, etc.
- Internal layout: distribution of rooms and their functions.
The certificate of the property’s age is a legal document establishing when the construction was finalized. Often, older documents specify only the land’s details without information about the building itself. This certificate of age for constructions on private plots does not include safety or habitability features. Notaries request it when formalizing the Declaration of New Construction for any building or part thereof that, for some reason, has not been registered in the property registry.
This certificate must be signed by an architect who determines the age of the building and verifies whether any urban infringements have prescribed (become time-barred).
The report should specify the purpose of the document, describe the current state of the building to be declared as new work, provide documentation verifying the supplied information and the age of the building. Each region in the country has autonomous legislation establishing minimum age requirements for declaring new work — for instance, in Valencia, the law sets a maximum prescription period of 15 years.
Therefore, if you have a construction built in 2015 that is not registered, you will need to wait until 2030 to register it through the Declaration of New Construction. This delay prevents any transaction involving that property until it is properly registered, highlighting the importance of obtaining proper licensing for construction work.
If the prescribed period has passed, you must present a certificate of age signed by an architect and other legal requirements before a notary. Once these steps are completed, the notary will proceed with the Declaration of New Construction and register the building in the Property Registry.
It’s important to note that this Declaration of New Construction is not only for complete houses but can also apply to part of a building or ongoing work.
Purpose of the Certificate
This certificate primarily serves to prove to the authorities that our building meets the legal age requirements for regulation and legalization, enabling us to obtain a public deed through the Property Registry confirming our ownership.
It is regulated by Royal Decree 1093/1997 and is required by law for various procedures, including:
- Legalization of unregistered constructions: for buildings not registered in the property registry, this certificate can serve as proof of existence and age, allowing regularization via the declaration of new construction.
- Regularization of undeclared works: if construction was carried out without a license or not declared to municipal authorities, this document can form the basis for legalizing the situation, provided the prescription periods are respected.
- Updating registry information: when registry data does not reflect the current features of the building, this certificate allows for modifications and corrections.
- Sale and transfer of properties: having accurate documentation of the property’s actual state, age, and features simplifies signing deeds and registering the property.
- Obtaining occupancy or habitability certificates: in many municipalities, this certificate is a prerequisite for occupancy permits or habitability licenses, especially for recent or modified homes.
- Banking management and mortgage loans: financial institutions require documentation verifying age and condition for granting mortgages or renewing loans.
- Preventing sanctions and fines: maintaining proper documentation prevents administrative penalties for illegal or unregularized constructions, which could result in fines, demolition orders, or financial penalties. Some municipalities also require this certificate to issue the occupancy certificate for first occupation.
Applicable Legislation and Legal Requirements
The legal framework governing these certificates in Spain is primarily established by Royal Decree 1093/1991, which regulates the declaration and registration of new works, along with specific regional and municipal regulations. Furthermore, law states that the declaration of new construction, and thus obtaining the certificate, must be performed by a qualified professional certifying the state of the building.
In many autonomous communities, such as Valencia, Catalonia, or Andalusia, specific statutes prescribe maximum periods for urban infringement prescription. For example, in Valencia, the law sets a maximum of 15 years for prescribing infringements related to construction. After this period, the works could be considered legalized, provided they complied with the applicable regulations at the time of construction.
It’s important to note that if a building is less than 15 years old (or the regional period), it may still be subject to inspections and requirements for regularization if built without a license or in violation of urban regulations. Obtaining the age certificate can facilitate these processes and help avoid future issues.
Practical Cases and Examples
Suppose you have a house built in 2015 on a private plot, but you did not file the declaration of new work at that time. Currently, you want to sell it, but the deed does not reflect all its features or age. The lack of documentation can hinder the sale and raise doubts for the buyer and financial institutions.
To resolve this, you can request a Descriptive Certificate of Construction and Age prepared by an architect. This document will prove the existence and actual characteristics of the building, allowing you to proceed with the declaration of new construction if the prescription period has not yet expired. Once presented to the notary, the declaration will be made, and the property registered, facilitating the sale and mortgage procedures.
Another example involves a building constructed in 2000 that, due to administrative errors, is not properly registered in the property registry. With an age certificate and a declaration of new construction, you can update the registry information and regularize the situation, avoiding future penalties and ensuring legal validity.
Advantages of Having This Certificate
- Legal Security: having a document that reflects the physical and legal reality protects against claims or disputes.
- Facilitates Transactions: selling, leasing, or transferring becomes easier with clear, updated documentation.
- Avoids Penalties: regularizing undeclared or unlicensed constructions prevents fines and costly administrative procedures.
- Access to Permits and Licenses: essential for renovations, extensions, or modifications.
- Property Valuation: an accurate certificate can increase the market value.
- Access to Financing: banks require this documentation to grant mortgages or credit lines linked to the property.
Recommendations for Obtaining the Certificate
- Hire Qualified Professionals: architects or technical architects experienced in inspections and plans.
- Conduct Detailed Inspections: assess all aspects of the building, including structure, layout, installations, and finishes.
- Maintain Previous Documentation: gather plans, permits, licenses, and related documents.
- Update Records at the Local Council and Property Registry: submit necessary documentation to formalize the declaration of new work and registration.
- Follow Prescription Periods: be aware of regional regulations to prevent infringement prescriptions and facilitate regularization.
Having the certificate of age for buildings on private plots will help you avoid sanctions by ensuring your properties are properly legalized. Arquifach, an architectural studio in Alicante with over 46 years of experience in construction, architecture, and urban planning, has a professional team specialized in various fields such as architectural design, construction, planning, pathology reports, valuations, and general consulting. They handle the entire construction or renovation process.
