Many people are unaware that they may be about to buy a home with an urban planning violation, and this can lead to sanctions, demolition orders or problems with the deed of the property.
To avoid these situations, there is a key tool: the certificate of non-existence of urban planning infringement, a document that verifies that the property is not affected by any urban planning infringement known to the City Council.
What happens when buying a home with an urban planning violation?
Not declaring the works of the house has implications, even doing them without permission or an unauthorized change of use (for example, converting a premises into a home without a license), or building more meters than allowed. Many times, the buyer doesn't know until it's too late.
Urban planning infractions do not only involve economic sanctions. They can prevent you from registering the property correctly by not complying with the requirements of the Land Registry, hinder financing or even affect the urban planning legality of the property.
That's why buying a property with an urban planning infringement can transform your ideal home into a continuous source of problems.
What is the certificate of non-existence of urban planning infringement?
When you consider buying a home, you check many things: that it is free of encumbrances, that the house has no outstanding debts, the square meters, the qualities... But there is a document that rarely appears in the conversation and that can become a headache in the long term. This is the certificate of non-existence of urban planning infringement.
This certificate, issued by the corresponding town hall, confirms that there is no urban planning infringement on the property or urban planning conformity until the date of the application. In other words, that house, flat or villa that you like so much has no pending issues with Urban Planning. It's a great gesture of reassurance for any buyer.
How to confirm that there is no urban planning infraction?
Requesting the certificate of non-existence of urban planning infringement is simpler than it seems. Here's how to do it step by step:
Go to the town hall or check their website: the first thing to do is to locate the Urban Planning area of the municipality where the property is located. Many municipalities allow you to apply online.
Prepare the documentation: normally, a copy of the deed or a simple registry note of the property is requested, data from the cadastre, as well as your data as an applicant (and authorization from the owner if you are the future buyer).
Submit the formal application: you can submit it in person or through the city council's electronic headquarters, if available. Some municipalities even have specific forms for this procedure.
Pay the fee, if any: it is not always charged, but some municipalities apply a small administrative fee for issuing the certificate, such as in Valencia, Palma, Madrid or Barcelona.
Wait for the response: the delivery time varies, but it is usually between 5 and 20 business days.
Is the certificate of non-existence of urban planning infringement mandatory?
The certificate of non-existence of urban planning infringement is not mandatory by law, but it is highly recommended to take it into account during the purchase and sale process.
Just because it's not mandatory doesn't mean it's not important. If we don't ask for it, nothing may happen, or you may face fines, demolition orders, or problems with the legalization of the property.
Requesting it before signing is a simple way to make sure you're making a safe investment and not taking on hidden issues that could come to light later.
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