Get a summary of the article:
The New Construction Certificate is an indispensable legal and technical document used to certify the existence and completion of a construction. At the same time, it also serves as proof that the building was constructed in accordance with the approved building permit and project plans.
Its issuance must be performed by a licensed quantity surveyor or architect, and its purpose is to provide the properties with legal certainty. This ensures that the physical reality of a property is recorded in the different public registries, a vital requirement for different types of transactions.
Do you want to know more? Read on!
Technical document + legal declaration
This is a detailed document or report specifying the property’s:
- Surface area
- Completion date
- Technical description
- Use
- Everything relevant to certify its execution in accordance with the license
It is important to emphasize that this serves as the basis for filing the “Declaration of New Work” before a notary. This declaration enables the building to be registered in the Land Registry, which is beneficial because it provides legal certainty and full legal recognition.
Most common uses in Catalonia
The Certificate of New Construction is essential, among other things, for the following:
- Sale of properties whose construction is new.
- Access to mortgages or financing.
- Transmissions and patrimonial inheritances.
- To carry out the Declaration of Cadastral Alterations.
- The Horizontal Division.
- To carry out the urban regularization of different extensions.
- Obtaining the Certificate of Habitability and License of First Occupancy.
When is the New Building Certificate mandatory?
The New Building Certificate is recognized as a fundamental requirement in Catalonia when it is necessary to give registry and legal validity to a building; whether existing or new, but not declared.
With this in mind, it is essential to present it at the notary’s office when executing the public deed of declaration of new construction. Afterwards, it must be submitted to the Property Registry for official registration.
New building “old” vs. ‘new’
- New building, “new”: it refers to the declaration of a recently completed construction along with its corresponding building permit. Once the construction is finished, the Certificate of Completed New Construction is mandatory to register the property in the Land Registry, which is necessary for selling or mortgaging it.
- New building, “old”: this is the process to legalize an existing construction that is either unregistered or built without a license, in accordance with the urban planning regulations established by the relevant public authority. In other words, it relies on the Certificate of Age of Housing.
Typical cases in Barcelona
- Integral renovations and extensions that represent substantial changes in the property.
- Requirements from buyers or banks for the total regularization of the property.
- Real estate developments related to offices and residential buildings. It also applies to the construction of single-family homes.
- Legalization of existing buildings that have not been declared for inheritance, mortgage or sale.
Who can issue a New Building Certificate?
The New Building Certificate can only be issued by qualified professionals. Either an architect or a technical architect also known as a building engineer or quantity surveyor. Additionally, when selecting the right professional for your project, make sure they are registered with the appropriate official association (such as CAATEEB or COAC). This ensures their professional responsibility and confirms they are qualified for the job.
In addition to the above, keep in mind that there are two legal paths for issuing this document, depending on the type of work:
- For newly built work with a permit, or “new construction,” the professional issues a CFO (Certificado Final de Obra, or Final Certificate of Work). This certifies that the work was carried out in accordance with regulations and the approved project.
- For existing work that was not declared, or “old new work,” a certificate is required to justify the urban planning status and confirm the date of completion.
Remember also that, in both cases, the technical certificate must be accompanied by a collegiate visa. This requirement is indispensable before the law for the accomplishment of notarial procedures and the inscription in the Registry of the Property.
How is the declaration of a new building in Catalonia processed?
Making a declaration of new construction involves several steps to register and legalize a building. Here is a summary of these steps so that you can provide your property with full legal security.
Key steps in the process
- Drafting of the CFO or Final Construction Certificate: when the licensed building is completed, the quantity surveyor or architect is responsible for issuing this certificate.
- Endorsement by the relevant professional association: the Association of Quantity Surveyors or Architects must endorse the CFO issued in the previous step.
- Obtaining the Certificate of Habitability or License of First Occupancy.
- Public Deed before a Notary Public also known as Declaration of New Construction: when the documentation is complete, everything is formalized before a notary public.
- Registration in the Land Registry: the last step is to present the deed for its registration, which will give it legal recognition.
Necessary documentation
- Building permit.
- Georeferenced Construction Plan.
- End of Works Certificate (CFO).
- CEE (Energy Efficiency Certificate).
- Declaration issued by a technician (for old works).
- Certificate of Habitability or License of First Occupancy.
- Cadastral reference.
What are the requirements to register a new building in Barcelona?
If you want to register a new building in the city of Barcelona, it is essential that you meet certain technical, legal and urban planning criteria. The purpose of this is to ensure the correct identification and legality of the whole process.
Applicable town planning regulations
The work has to comply with the Land Law (state legislation) and the current building regulations in Catalonia. We refer in particular to Decree 305/2006, which regulates licenses and related matters.
Also relevant, in this regard, are the Building and Urban Planning Ordinances of the City Council in BCN. Another key document is the urban conformity with the planning and the license.
Likewise, it is mandatory to present the Energy Efficiency Certificate or CEE. As well as to have the Certificate of Habitability of First Occupancy or License of First Occupancy.
Mandatory georeferencing
Since the enactment of Law 13/2015, it has become essential to submit a georeferenced plan of the building and its corresponding parcel (in GML format). This requirement is crucial to ensure timely coordination between the Land Registry and the Cadastre. Complying with this measure guarantees the legal security of the property in Barcelona and its precise territorial identification.
How much does it cost to make the New Building Certificate?
The costs associated with the declaration of a new building in Catalonia include various fees related to its registration and legalization. This is divided into three main blocks: registration fees, professional technical fees and notary fees.
As an estimate, the technical costs, including the Certificate of Antiquity or the Certificate of Completion of Work, range between €300 and €800, depending on the complexity and type of construction.
The GML, or georeferenced plan, typically costs between €150 and €500, while the CEE, or Energy Efficiency Certificate, ranges from €80 to €250.
In this context, notary fees related to the deed of declaration of new construction generally fall between €300 and €950 plus VAT, with fees calculated based on the value of the work. Registry fees for registration typically range from €150 to €650.
To conclude, declaring and registering a new construction for a standard home in the city of Barcelona could require an estimated investment between €800 and €2,500 including VAT. This estimate does not include the license required for the initial construction work.
Need help in Barcelona? We’ll guide you every step of the way
At Loca Barcelona, we will be your best allies throughout the entire process, offering you the support and guidance you need. This means you no longer have to worry about managing the complex procedures required to obtain the New Building Certificate in the city.
We connect you with the most reliable and qualified experts who have extensive experience, ensuring you get what you need in the shortest possible time.
So now you know, whether you’re finishing the construction of a new home or need to sell your property but haven’t regularized an undeclared extension, trust us. We are here to help you with this and any other property-related management.
Our initial advice and the connection we provide to top professionals will guarantee a smooth process from start to finish. Let’s get started, you won’t regret it!
