Essential aspects to consider on property transactions. Certificate of Habitation, non infraction, cadastre

Essential Legal and Technical Checklist Before Buying or Selling Property in Spain

 

1. Check the Property Description and Documentation

A. Title Deeds (Escritura)

  • Verify How the Property Is Registered: Ensure the title deed accurately reflects the current state of the property.

  • Match Built Areas: Deeds must describe the correct built size (superficie construida), including extensions like pools, terraces, or guest houses.

 

Common Issue:

  • A house registered as 120 m² in the deeds may now include an unregistered 50 m² pool and a garage turned into a guest house.

  • Consequence: The title deed needs to be updated. Otherwise, the buyer must be informed that the “guest house” is legally just a “garage”.

⚠️ Interior modifications (like changing 4 bedrooms into 2) do not require deed updates, as long as proper reform licenses are obtained.

 

B. Catastro Records (SUMA / IBI / Council Tax)

  • The Catastro must reflect the real and updated built size.

  • Used to calculate the yearly IBI (property tax).

  • All constructions, including pools and garages, must be registered.

 

Example:

  • Original house = 120 m² → IBI = €300/year.

  • Added 50 m² pool and 40 m² garage → If not declared, IBI remains at €300 (incorrect and potentially illegal).

  • If inspected, the buyer may be liable for underpayment.

 

2. Additional Legal Documents to Review

 

Standard Documentation:

  • Title deeds: Ownership details, boundaries, charges/debts.

  • IBI bill (Catastro): Confirms property registration and tax calculation.

  • Utility bills: Ensure water, electricity, and gas services are up to date.

  • Energy Performance Certificate: Confirms energy efficiency.

  • Community of Owners Certificate: Verifies payments to the community are up to date.

 

Specialized Documentation (Highly Recommended):

 

A. Certificate of Habitation / License of Occupation (CH / LO)

  • Issued by the Town Hall after construction.

  • Confirms the property meets legal habitation conditions.

  • Needed to connect water and electricity in your name.

 

Is It Mandatory?

  • New Properties: Yes. The developer must provide it at sale.

  • Resales: No. The buyer is responsible after purchase.

⚠️ Risk: If unauthorized works exist, the Town Hall may refuse to issue the CH, leaving the buyer unable to register utilities.

📌 CH validity is not shown in the deeds. Your lawyer must verify its existence separately.

 

B. Non-Infraction Certificate (CNUI)

  • Confirms there are no legal penalties or demolition orders affecting the property.

  • Especially important for:

    • Villas

    • Semi-detached properties

    • Properties in rustic land

⚠️ Rights of the Town Hall to act on unauthorized works expire 15 years after completion. But until then, legal action is possible.

 

C. Cedula Urbanística

  • Issued by the Town Hall.

  • Confirms key planning details:

    • Urban classification (urban, rustic, protected, etc.).

    • Status of local infrastructure and urbanisation.

    • Building rights: maximum construction allowed on the plot.

 

 

Conclusion: Why This Matters

Failing to verify property documentation properly can result in:

  • Legal disputes

  • Utility connection problems

  • Tax liabilities

  • Reduced property value

At TLA, we specialize in real estate and construction law. We go beyond standard legal checks to ensure that your transaction is 100% legally safe and that the property you’re buying or selling is fully compliant.

 

Would You Like to Speak with One of Our Specialists?

📞 Call us now! Our legal experts are ready to assist you with your purchase or sale in Spain.

TLACORP SLP