Certificate of Habitancy in Moraira, Spain - What you need to know
Everything you need to know about the cédula de habitabilidad (certificate of habitability)
What is the certificate of habitability or "cedula de habitabilidad" in Moraira?
The certificate of habitability in Moraira and everywhere in Spain, is the administrative document that ratifies that a dwelling meets the basic conditions for habitation, without prejudice to other duly authorised activities being carried out there.
If you are wondering what basic conditions your home has to meet, this will depend on the autonomous community in which it is located and the year it was built. But the specific data that are measured are the minimum useful surface area of the dwelling and of the different rooms, the free height, the openings and the minimum equipment.
The type of professional who makes the report is a technical architect or higher. But it is different from who issues it, as it will be a technician from the town hall who accepts or not this information and signs the certificate.
In most town halls, the person who can request a cédula or a duplicate is the owner of the property or an authorised representative.
What is the habitability certificate in Moraira for ?
The purpose of the certificate of habitability is to ensure the habitability of the dwelling, based on its healthiness, hygiene and solidity. In addition, having the certificate of habitability in order will allow us to register the electricity, gas and water services. It is also an essential requirement to be able to sell or rent the property.
Types of cédulas de habitabilidad in Moraira and Spain
There are three types of certificates depending on the age of the property:
Cédula de primera ocupación (first occupancy certificate): this corresponds to newly built homes, i.e., it is the certificate of occupancy for new homes.
Cédula de segunda ocupación (second occupancy certificate): this refers to existing dwellings. It corresponds to the renewal of the certificate of first occupation and, therefore, it is the certificate of habitability in old housing.
Cédula de primera ocupación de rehabilitación: for those dwellings that have been renovated.
What does the cédula de habitabilidad document contain?
Both the certificate of occupancy and the definitive qualification must contain the following information:
1.- Address and location of the dwelling in Moraira or anywhere in Spain
2.- Useful surface area of the dwelling.
3.- Rooms and spaces that make up the dwelling.
4.- Maximum occupancy threshold.
5.- Identification of the authorised technician who has carried out the certificate.
When is the cédula de habitabilidad obligatory in Moraira and Spain?
As a general rule, the cédula de habitabilidad is obligatory for all dwellings in Moraira and Spain, although in some cases what is required is the licence of first occupation. Without this, electricity, gas and water supplies cannot be carried out.
As a general rule, all dwellings must have the cédula de habitabilidad and/or licence of first occupation. Otherwise, electricity, gas and water supplies cannot be carried out.
The obligatory nature of the cédula de habitabilidad can also be extended to other situations, such as the granting of a mortgage or the regrouping of families of foreigners.
Newly constructed dwellings or those in which major renovations have been carried out that have modified the conditions of habitability must present the cédula de habitabilidad before the dwelling can be inhabited.
Is it compulsory to have a certificate of habitability to sell a property in Moraira and Spain?
There are exceptional situations in which a property can be sold without a certificate of occupancy. In a transfer of a property, and as long as it is not a new construction, the parties involved in the transaction may agree not to provide the certificate in the following cases:
1.- When the intention is to reform or demolish the dwelling. In these cases, the intention of the future owner to renovate or demolish the property must be recorded in the register, as the exemption from the obligation to hand over the certificate depends on this.
2.-When the use of the property is other than as a dwelling. In this case, the parties involved must expressly acknowledge this.
3.-When, for justified reasons, it is not possible to present the certificate of habitability before the transfer of the property, and the transferor and acquirer agree to do so later. However, it will be necessary to present the application for a registered certificate of habitability, so that it is accredited that the conditions of the dwelling are optimal for obtaining the certificate.
In other words, although as a general rule the certificate of habitability is essential for any sale or purchase of a property, it is possible to sign the deed without a certificate of habitability under very specific circumstances.
Selling a property without a cédula and without the exemption can lead to heavy fines for the seller. The buyer may also face difficulties in the future.
Who pays for the cédula de habitabilidad in Moraira?
In the case of a sale, the seller is responsible for the cédula de habitabilidad in Moraira or Spain.
For any further questions and support obtaining your certificate of habitancy in Moraira, feel free to get in touch with Brassa Homes®