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Decree 151/2009 tecnico certificate for property to get segunda ocupacion certificate

Posted: Thu Sep 9, 2021 1:48pm
11 replies179 views2 members subscribed
camelia

Posts: 59

37 helpful points

Location: Parcent

Joined: 27 Mar 2020

Can anyone help me with this certificate, how do we get the Tecnico certificate for our property. Decree 151/2009

Requried for the Habitation segunda certificate our Murla townhall architect has requested it.

Have asked our lawyer, online architects etc but no clear answer.

Kimmy11

Posted: Thu Sep 9, 2021 2:15pm

Kimmy11

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Posts: 6869

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Posted: Thu Sep 9, 2021 2:15pm

Hi Camelia,

The "Tecnico certificate" is a technical report by a professional architect or engineer, which corroborates that your home complies with building regulations.  This is to ensure that any re­fur­bish­ments made to the prop­erty (in­clud­ing the enclosure of patio areas, pav­ing of gar­dens, adding ad­di­tional rooms etc.), which have been carried out since the original “Cedula de Hab­it­ab­il­idad” (Certificate of Habitation) was issued, were carried out with Town Hall per­mis­sion, prior to them issuing the "Li­cen­cia Se­gunda Ocu­pa­ción" (Second Licence of Occupation).  If any works have been carried out without permission, this permission will need to be sought retrospectively before the Li­cen­cia Se­gunda Ocu­pa­ción can be issued.  

This is the reason why I always recommend that property owners seek Town Hall permission before making any changes to their property.  My husband´s parents enclosed an external staircase at their property and it wasn´t until my husband, who had inherited it, wanted to sell that he discovered his parents had done it without permission.  The week before he was to complete on the sale of the property, his conveyancer had to rush around to sort out the necessary paperwork.  He was lucky, because the Town Hall was very helpful, but I´ve heard of instances where this sort of issue has frustrated a property sale.

I would have thought your Town Hall could recommend someone in your area to undertake the technical report for you.  If you´re selling your property, the estate agent should be able to give you a recommendation.

Kind regards,

Kim


camelia

Posted: Fri Sep 10, 2021 8:18am

camelia

Original Poster

Posts: 59

37 helpful points

Location: Parcent

Joined: 27 Mar 2020

Posted: Fri Sep 10, 2021 8:18am

Thank you Kim for information, we are not selling the property, the document is for the habitation segunda for application to get a Tourist Licence. We have had the property report made by Tinsa, that is why we are confused as to needing another certificate as Tinsa was expensive and one of the best.  I have asked our lawyer and others online, no answers yet. Lets hope there is not a huge fee involved.

I will take your advice and ask my local estate agent who is always very helpful. Having done this in the past its laughable that most do not know what the tecnico certificate is, even the townhall clerk.  LOL

Kimmy11

Posted: Fri Sep 10, 2021 9:03am

Kimmy11

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Posts: 6869

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Joined: 8 Aug 2017

Posted: Fri Sep 10, 2021 9:03am

camelia wrote on Fri Sep 10, 2021 8:18am:

Thank you Kim for information, we are not selling the property, the document is for the habitation segunda for application to get a Tourist Licence. We have had the property report made by Tinsa, that is why we are confused as to needing another certificate as Tinsa was expensive and one of the b...

...est.  I have asked our lawyer and others online, no answers yet. Lets hope there is not a huge fee involved.

I will take your advice and ask my local estate agent who is always very helpful. Having done this in the past its laughable that most do not know what the tecnico certificate is, even the townhall clerk.  LOL

Hi Camelia,

Well that all sounds odd considering you've already got the report - but this is Spain! 😄

Do you also have a current Energy Certificate (less than 10 years old)?  If the Clerk doesn't know what a "Tecnico report" is, I wonder whether something's been lost in translation at the Town Hall.  As you have Tinsa's report, perhaps take that and the Energy Certificate to the Town Hall, and ask the architect whether either of those documents is the "Tecnico report" that he's asking for?  Do let us know how you get on.

Good luck!

Kind regards, 

Kim

camelia

Posted: Mon Sep 13, 2021 5:34pm

camelia

Original Poster

Posts: 59

37 helpful points

Location: Parcent

Joined: 27 Mar 2020

Posted: Mon Sep 13, 2021 5:34pm

Kimmy11 wrote on Fri Sep 10, 2021 9:03am:

Hi Camelia,

Well that all sounds odd considering you've already got the report - but this is Spain! 😄

Do you also have a current Energy Certificate (less than 10 years old)?  If the Clerk doesn't know what a "Tecnico report" is, I wonder whether something's been lost in translation at the Town Hall.  As you have Tinsa's report, perhaps take that and the Energy Certificate to the Town Hall, and ask the architect whether either of those documents is the "Tecnico report" that he's asking for?  Do let us know how you get on.

Good luck!

Kind regards, 

Kim

Well you can guess the Tecnico report is a seperate report/document that the architect charges a rather large amount for.  The Tinsa report  and house deeds are required and  has to be written up by architect.  I was aware the cedula would be expensive the town hall was 100 euros  the Tecnico report is 240 +vat.

I hope the compatability certificate is free LOL.  I applied for this three years ago for another property for holiday let licence, the only cost was 40 euros for the Tourist Licence and a phone call to the townhall architect and a message to say I could go ahead, now so many documents are required it seems all are making a profit out of it except me.

To get tourist licence the  Cedula is now required, if not apparently huge fines for not having one. The spanish government want to encourage Tourists to the rural areas of Spain, yet make so many rules and costly documents, communities have the power to say NO and vote against Tourist Activity, its rather disheartening, when Spains culture is catering for tourists and before this barage of documents and laws and difficult communities/presidents. we invested in holiday let business to be able to earn an income. 

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Kimmy11

Posted: Mon Sep 13, 2021 6:28pm

Kimmy11

Legendary helpful member

Posts: 6869

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Joined: 8 Aug 2017

Posted: Mon Sep 13, 2021 6:28pm

Hi Camelia,

Many thanks for the update.  As you say, it´s an expensive process, but at least it now sounds like you´re getting somewhere.

One of our members, DaveBev1, posted a comprehensive guide to the Tourist Licence.  I remember, a couple of years ago, estate agents were telling prospective purchasers that they could buy with a view to renting out, only for the unsuspecting owners to discover that the property they´d bought didn´t meet the requirements of their Town Hall to issue the Compatibility Certificate (bathrooms being too small was a regular problem).  

It´s a minefield, so very useful to have your recent feedback.  I hope things go smoothly for you now.

Kind regards,

Kim

Relyat

Posted: Wed Sep 15, 2021 6:04pm

Relyat

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Location: Pego

Joined: 12 Jul 2018

Posted: Wed Sep 15, 2021 6:04pm

camelia wrote on Mon Sep 13, 2021 5:34pm:

Well you can guess the Tecnico report is a seperate report/document that the architect charges a rather large amount for.  The Tinsa report  and house deeds are required and  has to be written up by architect.  I was aware the cedula would be expensive the town hall was 100 eu...

...ros  the Tecnico report is 240 +vat.

I hope the compatability certificate is free LOL.  I applied for this three years ago for another property for holiday let licence, the only cost was 40 euros for the Tourist Licence and a phone call to the townhall architect and a message to say I could go ahead, now so many documents are required it seems all are making a profit out of it except me.

To get tourist licence the  Cedula is now required, if not apparently huge fines for not having one. The spanish government want to encourage Tourists to the rural areas of Spain, yet make so many rules and costly documents, communities have the power to say NO and vote against Tourist Activity, its rather disheartening, when Spains culture is catering for tourists and before this barage of documents and laws and difficult communities/presidents. we invested in holiday let business to be able to earn an income. 

And there was me thinking that the Spanish culture involved Dalu, Cervantes, Gaudi, Picasso et al. 

You live and learn.... 

camelia

Posted: Thu Sep 16, 2021 4:06pm

camelia

Original Poster

Posts: 59

37 helpful points

Location: Parcent

Joined: 27 Mar 2020

Posted: Thu Sep 16, 2021 4:06pm

Cultural tourism

Relyat

Posted: Thu Sep 16, 2021 4:31pm

Relyat

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Posts: 896

890 helpful points

Location: Pego

Joined: 12 Jul 2018

Posted: Thu Sep 16, 2021 4:31pm

camelia wrote on Thu Sep 16, 2021 4:06pm:

Cultural tourism

Whilst I would grant you that cultural tourism does exist in Spain, that's entirely different to what you wrote "when Spains culture is catering for tourists". 

Perhaps you made an error. 

camelia

Posted: Sat Sep 18, 2021 10:25am

camelia

Original Poster

Posts: 59

37 helpful points

Location: Parcent

Joined: 27 Mar 2020

Posted: Sat Sep 18, 2021 10:25am

Well you  can be picky about words,  Laurie Lee  A moment of war and As I walked out one summer morning, this account of his walking around 1930's Spain before the civil war, during and after and how he stayed at many places along the way.  This is a culture that has grown over  time and thus over the years hotels built to accommodate the tourists, many  for beach and sunshine,vino etc. Around 50% cultural tourism mostly Barcelona and Madrid. 

Did you mean Dali or Dalu? I have not heard of Dalu a spanish artist I presume! 

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