When is a habitacion certificate needed? - Page 2

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Posted: Tue Jun 28, 2022 2:15pm

Cheryl

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Location: Albatera

Joined: 8 Jun 2017

Posted: Tue Jun 28, 2022 2:15pm

hollandranch wrote on Tue Jun 28, 2022 11:18am:
Seems a lot of selling happens without them, also thought their a rules about septic systems from the EU but buying without can give a lot of problems now and in the future when you want to sell.

As long as your solicitor finds out beforehand what the local Ayuntamiento need in order to issue a Habitacion Certificate and factor in the cost as the seller is not obliged to pay for this then there should be no problem unless the utilities have been disconnected. We had the new EU approved tank installed after we moved in and the architect got the HC for us. As long as the property matches the deeds exactly there will be no problems selling. We have a Certificate of no Infraction (everything that had been added to the property over the years was now rubber stamped), the deeds match the property and we have the cert.

Posted: Fri Jul 1, 2022 12:22am

Kimmy11

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Location: Formentera Del Segura

Joined: 8 Aug 2017

Posted: Fri Jul 1, 2022 12:22am

Severine44 wrote on Mon Jun 27, 2022 3:06pm:
Thank you very much for your explicit reply Cheryl. How could I know if the local town hall would issue a HC? Will they have to visit the property to let us know if they would issue a HC? I am also assuming that the septic tank is not to standards..... which is fine, I expect that. I am more conc...

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...erned about the condition of the property itself being such an old building.... Obviously in the UK, this is done as part of the searches - is it the same in Spain? I have done a lot of research but it is difficult to find the exact info whilst the estate agent just tell you it is all fine!

Also you mention to check that the property matches the deeds exactly, how should I do that (sorry if this sounds like a stupid question!) We love the house but I want to make sure that we don't regret our decision later on...

Thank you so much for your help
Severine

Hi Severine44,

Cheryl has given you very good advice. In respect of the condition of the property, you can arrange for a structural survey, but in common with the UK, these reports are typically so heavily caveated as to scare you off buying anything. An independent lawyer, who specialises in rural property, will be an asset - I would recommend Pilar Peñalver in Pinoso, who we used:

https://penalverabogados.com/en/bienvenidos-english/

Also, I seem to remember from a recent thread that another member recommended abogados in Villena.

As Cheryl said, ensure that the sales details from the estate agent matches what your lawyer obtains from the Land Registry (Cadastre). Our lawyer picked up that the first floor extension of our property, which had been built legally with Town Hall planning permission, had not been registered at the Cadastre. She ensured that this was updated, at the vendor´s cost, before completion which included the vendors paying for 4 years of retrospective increased IBI bills.

Kind regards,

Kim