In this article on our website we are going to see the necessary or convenient documents to grant a new work writing both in its variant of a new building that is built, as well as a building that is renovated. 

Definition and relevance of New Construction

A new construction project is a newly constructed building on a plot of land or a significant expansion of an existing one. Its formal declaration is a legal process through which the construction is registered in the Property Registry, guaranteeing its official recognition. This procedure is essential to give the building full legal validity and allow its commercialization or transfer without legal complications.

This requires a planning permit, an architect's certificate of completion, and, in some cases, a public deed. Registration in the Property Registry not only grants legal security to the property, but is also an essential requirement for transactions such as sales, mortgages, or the transfer of real estate rights. Furthermore, this registration also applies to renovations that substantially alter the original structure, ensuring that any significant modifications to the building are legally recorded.

It's important to note that failure to register a new construction can lead to legal problems, hinder the property's marketing, and reduce its market value. In some cases, owners may face administrative sanctions if they fail to properly legalize the construction.

Documentation required for the deed of New Construction

The necessary or convenient documents to grant new work writing rehabilitated and divided under horizontal property regime are indicated below, with links to the regulations applicable in Catalonia.

In the case of the deed of new construction, either new construction or new construction that is declared after a major rehabilitation, a distinction must be made between new construction, rehabilitation and great rehab. (see the legal concepts in the link).

Differentiation between New Construction, Rehabilitation and Major Rehabilitation

In the case of the deed of new construction, whether it is a new construction or a new construction declared after a major renovation, it is essential to distinguish between the following concepts:

  • New construction: Construction of a building from scratch on a plot of land.
  • Rehabilitation: Renovations aimed at restoring an existing building without significantly altering its original structure.
  • Major rehabilitation: Renovations that involve a substantial structural modification of the property, such as the redistribution of spaces or the consolidation of essential elements.

It's essential to understand these concepts to determine what documentation is required in each specific case. For more details, we recommend consulting the regulations in force in each autonomous community.

Declarations of New Construction for Rehabilitation and Horizontal Division

1. Registered property title

Property title signed up It is the deed that proves ownership of the land on which the building is being constructed or the building being renovated. Without this deed, the new construction cannot be registered.

2. Administrative requirements for the declaration of New Construction

In addition, a series of administrative requirements in order to formalize the declaration of new construction or the declaration of rehabilitated new construction (Land Law art. 28):

  • Building or rehabilitation license: Administrative document authorizing the execution of construction or renovations. It is also required when the property is divided into horizontal ownership.
  • Certification from the technician: Generally provided by an architect or, in some cases, an engineer, it certifies the completion of the work in accordance with the original project description.
  • First occupancy certificate or prior communication: Document authorizing entry into the home. It is essential for residential properties, although it is not required for commercial premises, where a business license is required.
  • Energy efficiency certificate: Mandatory in the case of real estate purchases and sales, ensuring that they comply with established energy standards.
  • Certificate of occupancy first occupancy: An essential requirement for the sale of new or renovated construction, ensuring that the property meets minimum habitability conditions.
  • Building Book: Document regulated by the Right to Housing Act of 2007, which must be submitted to the Property Registry along with the Final Construction Certificate (AFO).

3. Civil requirements for the division of new construction into horizontal property

To proceed with the division of the new construction into different private apartments under the horizontal property regime, the law requires the following: civil requirements:

    • Description of the property as a whole.
    • Detailed description of the proprietary elements: Including the property's internal order number, its general participation fee and any special fees, if applicable, the usable area, location, boundaries, floor plan, purpose, and any physical space or related rights.
    • Descriptive plan of the property.
    • Community statutes or rules.
    • Reservations of rights or powers in favor of the promoter or the constituents of the regime.
    • Provision for the formation of sub-communities, if applicable.
    • Rehabilitation project: Essential document for the correct description of the different departments into which the building will be divided.
    • Architect's details: They are not mandatory, but their inclusion in the deed is recommended for possible future transactions.
    • Horizontal division license: Mandatory when the new work is already registered.

4. Specific technical documentation

  • Final Work Certificate: Official document certifying the completion of the works in accordance with the approved project and the granted licenses. It is issued by the project management and certifies that the construction has been carried out as planned in the technical project.
  • Certificate from the Architect in Charge of the Work: Document certifying the completion of construction in accordance with established regulations and technical specifications. Its issuance is a prerequisite for obtaining a certificate of occupancy and registering the project in the Property Registry.
  • Ten-Year Insurance: Regulated in the Instruction of September 11, 2000 of the DGRNThis insurance covers structural damage in new buildings for a period of ten years. It's mandatory for residential properties to protect buyers against potential structural defects.
  • Building Book in digital format: Regulation in accordance with Article 25 of Law 18/2007 on the Right to Housing. It includes information on the maintenance, upkeep, and warranties of the property, as well as instructions for its occupants. Its presentation is mandatory in newly constructed buildings.

These documents are essential for the proper registration and legalization of new construction, ensuring that it complies with all current regulations and can be used and marketed without legal issues.

5. Note from the Property Registry

This document is essential to ensure that the deed for a new construction project is based on correctly registered and updated data, avoiding discrepancies with the actual property registration. It ensures that the information contained in the deed matches that recorded in the Property Registry, avoiding future legal or administrative problems. It also verifies that the property on which the work is being carried out is properly registered and free of any liens or encumbrances that could affect its validity.

Your consultation is necessary to verify the property's current ownership and any potential planning restrictions. It also facilitates access to relevant information about previous modifications to the property, ensuring documentary consistency.

6. Valuation and tax aspects

The deed must indicate relevant economic values, such as:

  • Land value: This refers to the purchase or appraisal price of the land on which the new construction project will be built. Its calculation is essential for determining the taxable base for taxes such as VAT and Property Transfer Tax.
  • Value of new construction: It represents the total cost of construction, including materials, labor, and administrative expenses. It is essential for calculating the Tax on Construction, Installations, and Works (ICIO).
  • Value of extensions or renovations: In the case of renovations that involve an increase in area or a structural improvement, their cost must be recorded. This value also influences the taxation of future property transfers.

Accompanying these values ​​are the property's cadastral record, the cadastral value, and the Real Estate Tax (IBI) receipt. These documents allow for verification of the correspondence between the administrative record and the physical reality of the property. In some cases, it may be advisable to include an independent appraisal of the property to reinforce its fiscal and commercial value, especially if you are seeking financing or selling the property.

7. Cadastral situation

It is important to examine the property's cadastral status, given that the Property Registry tends to seek consistency with the Cadastre. This is particularly relevant regarding the surface area of ​​properties, lots, and parcels. Cadastral consistency avoids disputes over measurements and boundaries between neighboring owners and ensures that the registry information reflects the physical reality of the property.

Furthermore, the Cadastre influences the determination of taxes such as the Property Tax (IBI) and the fiscal valuation of the property. To this end, it is recommended to request a descriptive and graphic cadastral certification and, if necessary, proceed to correct any discrepancies by submitting a cadastral declaration of changes in ownership or characteristics of the property.

8. Documentation for the Purchase and Sale

If you intend to sell the new construction, you must submit the following documents:

  • Registered property title: It certifies ownership of the property in the Property Registry, guaranteeing that the seller is the legitimate owner.
  • Final Work Certificate registered: Document certifying the completion of construction and its compliance with the approved project, required for registration.
  • Habitability certificate: Document that guarantees that the property meets the minimum habitability conditions. There may be a exoneration for rehabilitation. General precept Art, 26 LAW 18/2007.
  • In cases of rehabilitation, there may be exemptions in accordance with Article 26 of Law 18/2007.
  • Certificate energy efficiency: Mandatory for the purchase and sale of real estate, with exceptions for certain types of buildings. Its contents detail the property's energy rating and measures to improve its efficiency. See question 15.
  • Declaration of the building being connected to the supply networks: Declaration certifying that the property has access to basic water, electricity, gas, and sanitation services, guaranteeing its functionality for the buyer.

These documents are essential for the buyer's legal security and to guarantee the legality of the purchase and sale transaction.

Everything you need to know, you can on request at the Bosch Notary Office in Barcelona.

If you wish, you can make an online consultation to the notary. You can also request an appointment for a video conference with the notary and be able to resolve your doubts. This type of online notarial service is perfect when you should not proceed to draft documents. Click this link: online notary to request more information.

We also offer another type of online service, such as the request fast simple copies online. Fill in the form on the page and you can request your simple copy electronically.