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It seems that most properties 90+ percent do not have the certificate. Whether it's waste or water resons etc.
Is this a huge problem when buying
Any info would be appreciated as we get conflicting reports
Thanks Steve
Posted: Fri Mar 22, 2024 1:51pm
Legendary helpful member
I think the statement of 90% without Habitation certificates is somewhat of an exaggeration if applied to the entire Valencia region.. This may be so if it refers to an ‘estate’ as such.
Legally, if there is no Habitation certificate, it cannot be connected to mains utilities, ie Iberdrola =electricity or the local water company. It may also be unlikely that a bank will agree to permit a mortgage on the property. Should none of this be an issue for you, then the next problem may be when you come to sell, as it will be picked up by any abogado.
It is outrageous that many properties were built which are non compliant, and as an example, our own small collection of rural properties was granted the certificate after twenty years of battles, which were due for renewal this year. The certificate has been withdrawn as they were apparently originally issues illegally. There is a move by the Valencian authorities currently to deal with all this by means of a specific document and various works to these properties to make them compliant with current regulations. This is being headed by an English surveyor, qualified in Spain, who has worked for Valencia for many years, named John Kirby.
The reasons for refusal or non existence of certificates are many and varied ie, built without permission/ not compliant with required standards/lack of correct drainage etc etc. In our own case, the houses are all built to a high standard and fully compliant with relevant codes, but built on land designated rustic and not within the urban area, also non compliant with rules for rustic property relevant to the volume of buildings per hectare, in other words, three properties on a site appropriate for one by rustic law.
Our lawyer, quite correctly at the time, told us that the property was technically illegal ( see above) but had a habitación certificate, so subject to certain restrictions, there was no future problem. She had no idea of what has recently transpired.
Personally, I would be extremely dubious about anything without watertight paperwork, regardless of what any estate agent told me. Currently, there are apparently some 290,000 properties in the Valencia region with this problem, which John Kirby is trying his best to resolve for everybody. It will not be a very quick process, especially if you have to undertake works to remedy substandard construction.
stevecarrett wrote on Thu Mar 21, 2024 11:27am:
It seems that most properties 90+ percent do not have the certificate. Whether it's waste or water resons etc.
Is this a huge problem when buying
Read more...
Any info would be appreciated as we get conflicting reports
Thanks Steve
This isn't a huge problem buying, it's very easy to buy a property without a habitation certificate. However, it's far more difficult to sell a property without a habitation certificate.
Is there any reason the seller can't obtain the certificate prior to the sale? If they can't, what makes you think you will be able to?
Posted: Fri Mar 22, 2024 10:34pm
PeterPan wrote on Fri Mar 22, 2024 10:22pm:
This isn't a huge problem buying, it's very easy to buy a property without a habitation certificate. However, it's far more difficult to sell a property without a habitation certificate.
Is there any reason the seller can't obtain the certificate prior to the sale? If they can't, what makes you think you will be able to?
...Read more...
...
Apparently they have riego water supply and a non bio waste . I think it's around 6k gor a bio waste and 3-500 for a water filter to be fitted.
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Posted: Fri Mar 22, 2024 10:44pm
Stephanie86 wrote on Fri Mar 22, 2024 1:51pm:
I think the statement of 90% without Habitation certificates is somewhat of an exaggeration if applied to the entire Valencia region.. This may be so if it refers to an ‘estate’ as such.
Legally, if there is no Habitation certificate, it cannot be connected to mains utilities, ie Iberdrola =electricity or the local water company. It may also be unlikely that a bank will agree to permit a mortgage on the property. Should none of this be an issue for you, then the next problem may ...
Read more...
...be when you come to sell, as it will be picked up by any abogado.
It is outrageous that many properties were built which are non compliant, and as an example, our own small collection of rural properties was granted the certificate after twenty years of battles, which were due for renewal this year. The certificate has been withdrawn as they were apparently originally issues illegally. There is a move by the Valencian authorities currently to deal with all this by means of a specific document and various works to these properties to make them compliant with current regulations. This is being headed by an English surveyor, qualified in Spain, who has worked for Valencia for many years, named John Kirby.
The reasons for refusal or non existence of certificates are many and varied ie, built without permission/ not compliant with required standards/lack of correct drainage etc etc. In our own case, the houses are all built to a high standard and fully compliant with relevant codes, but built on land designated rustic and not within the urban area, also non compliant with rules for rustic property relevant to the volume of buildings per hectare, in other words, three properties on a site appropriate for one by rustic law.
Our lawyer, quite correctly at the time, told us that the property was technically illegal ( see above) but had a habitación certificate, so subject to certain restrictions, there was no future problem. She had no idea of what has recently transpired.
Personally, I would be extremely dubious about anything without watertight paperwork, regardless of what any estate agent told me. Currently, there are apparently some 290,000 properties in the Valencia region with this problem, which John Kirby is trying his best to resolve for everybody. It will not be a very quick process, especially if you have to undertake works to remedy substandard construction.
Awesome response
Thank you
Steve
Stephanie has given a good overview of the situation. I would add a couple of details from personal experience of buying a house without a habitacion certificate.
The day before we were due to complete on the house, ten years ago now, we found that the electric meter had been removed, we immediately halted the purchase. Our solicitor ascertained that a bill had not been paid and the supply company had disconnected. He insisted that the owner pay the bill and have the meter reinstalled, as any new owner could not do that without a certificate of habitation. Cost was 6 weeks and various bits and pieces, but we had electricity.
The house was also built on non urban land. Solicitor's enquiries confirmed that, at some time in the future, the land would be urbanised, not optional. The costs for this, streetlights, pavements, proper roads and drainage etc would be borne by the residents. No choice about what work would be done or who would do it.
Luckily, when we sold, the buyer was well aware of the potential problems and was happy to proceed.
Things change all the time, including our knowledge. I was happy to buy the house then, I wouldn't now.
Posted: Sat Mar 23, 2024 7:04am
Relyat wrote on Fri Mar 22, 2024 11:45pm:
Stephanie has given a good overview of the situation. I would add a couple of details from personal experience of buying a house without a habitacion certificate.
The day before we were due to complete on the house, ten years ago now, we found that the electric meter had been removed, we immediately halted the purchase. Our solicitor ascertained that a bill had not been paid and the supply company had disconnected. He insisted that the owner pay the bill a...
Read more...
...nd have the meter reinstalled, as any new owner could not do that without a certificate of habitation. Cost was 6 weeks and various bits and pieces, but we had electricity.
The house was also built on non urban land. Solicitor's enquiries confirmed that, at some time in the future, the land would be urbanised, not optional. The costs for this, streetlights, pavements, proper roads and drainage etc would be borne by the residents. No choice about what work would be done or who would do it.
Luckily, when we sold, the buyer was well aware of the potential problems and was happy to proceed.
Things change all the time, including our knowledge. I was happy to buy the house then, I wouldn't now.
Thank you
Posted: Sat Mar 23, 2024 9:49am
Helpful member
This certificate means the property is in a liveable condition, You need this for the electricity supply. Without it you can not have electricity. Photos are required and several stamps.
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