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viernes, 23 de octubre de 2020



The declaration of new construction


When we build our new house, everything is a sea of doubts. There are a multitude of agents involved in the construction of any building and it is very complicated, for an individual, to anticipate in advance what they are going to be and what cost each of them is going to have. In this case, the one that will concern us is the declaration of new construction, but we cannot forget the rest of the procedures and documents.

Declaration of new construction in context

To get into context, we must know that for the construction of any building (from a shed to a shopping center), the following phases are necessary:

-Realization of a construction project.

Drafted by a competent technician, who may be an architect, technical architect, engineer or technical engineer, depending on the type of building. Other technicians may also intervene to carry out different studies or parts of the project, such as the Geotechnical Study, the Health and Safety Study, etc. Each technician will have their fees, which are free.

-Obtaining the building license from the town hall.

For this, it is necessary to present a series of documentation, the most important being the project carried out previously. Each city council will charge fees depending on the type of building and, once the license is granted, it will charge us the ICIO (tax on constructions, installations and works), which will be a percentage (approximately 4%) of the budget for the work.

-Obtaining the mortgage.

Obviously, this phase is voluntary. We put it here to indicate when it is done. The bank is going to ask us, to grant us the mortgage, that we have the project and the license granted.

-Beginning of the works.

The following agents will intervene in the work:

-Director of works: Normally, the technician who has written the project, who will see that it is carried out.

-Director of works execution:

If the project manager is an architect, this will be a technical architect. He will be in charge of ensuring the proper execution of the work.

-Health and Safety Coordinator:

Normally it will be the previous technician, although it may be an independent technician. It will ensure the Safety and Health in the work.

-Constructor: It will be the company that carries out the construction of the work.


All these technicians will have their fees, which will be completely free.


-Declaration of new construction under construction.

This procedure, which is carried out before a notary, is only necessary in the event that we request a mortgage and the bank requests it.

-End of work certificate.

Once the work is completed, the technicians involved must sign this document, certifying that the building has been carried out in accordance with the project and current legislation. It is not usually billed separately, but the technicians will require payment for all their previous work at this point, because here their assignment ends.

-First occupation license.

This procedure is carried out at the town hall, so that it has proof that the works have been completed. For this it is necessary to present the final certificate of work.

-Declaration of finished new construction.

For this, it is necessary to have all of the above and present it before a notary so that he can write the deeds of the new building. This will involve the payment of the notary,s fees and registration fees. In addition, the AJD tax (documented legal acts) will have to be paid.


All these phases are necessary for the construction of any new work, but also for any extension or comprehensive rehabilitation. In minor reforms, some of these phases may not make sense: for example, if we carry out minor works (substitution of finishing materials, addition of insulation, change of facilities, etc.), prior communication with the town hall will suffice and not it will make a lot of sense to redo the deeds before a notary.

On the other hand, if the planned works modify the built surface, the number of floors or the horizontal division of the building, we should redo the deeds.


New construction declaration deeds


Thus, there are three types of deeds of declaration of new work, the two that we have seen previously and a third, called Declaration of Old New Work.


1. The declaration of new construction under construction

The declaration of new construction under construction is made, as we have already seen, when we apply for a mortgage. This procedure is not mandatory, except if required by the bank. It serves to certify before a notary that there is a building under construction on a certain plot.

To request it we need the following:

-Building license.

-Certificate from the facultative management that the building conforms to the project and which part is already built.

Once the building is finished, we must formalize it by means of the end of work certificate. This step is necessary to declare the work under construction as finished. The necessary requirements for this will be the same as the declaration of new completed work detailed below.


2. The declaration of finished new construction


The declaration of finished new work is made when we finish the work. They are essential if we want to sell or rent the property and we will need them, generally, to contract supplies.

The requirements to request it are the following:


-End of work certificate.

-First occupation license.

-Energy efficiency certificate, if applicable (in new homes, commercial premises, public buildings, etc.)

-Building book.

-Decennial insurance, in the case of homes that are not self-promotion.

-Georeferenced coordinates of the building.


3. The old new construction declaration


Also called a new construction declaration by seniority. The name is paradoxical, but it is easy to understand. It consists of the declaration of an old building that has not been previously declared, or that is declared incorrectly.

There can be two different cases:

-Old buildings, prior to the planning in force, or in which the documentation corresponding to the building license has been lost.

-Buildings built illegally but in which urban law has prescribed. They are commonly known as *out of order* buildings. Although for a building to be declared truly out of order, it must have deeds and be registered in the registry.


When can we declare a new old work?


In any of the above cases, in order to register an old building without a license, we must prove the prescription of the urban infringement, that is, show that the building has been completed for more than X years. This number of years depends on the type of offense we have committed and the Autonomous Community in which we find ourselves.

For example, the urban legality of Galicia corresponds to the following:

-15 years for very serious infractions: These correspond to infractions in green areas, open spaces, public facilities, roads, demolitions of protected property, prohibited works and activities on rustic land, etc.

-6 years for serious infractions: These correspond to non-compliance with the urban conditions of any plot (land use, number of floors, alignments, setbacks, maximum surface area, etc.) with non-compliance with the habitability regulations, etc. .

-2 years for minor offenses: These are, in general, those offenses that are legalizable.


In summary, most urban infractions that are currently committed are serious, which is why it is commonly said that urban infractions prescribe after 6 years. Minor infractions are easily resolved by submitting a legalization project to the town hall, but it is highly unlikely that a building made illegally will meet all urban planning requirements if a project has not been done previously.

On the contrary, there do exist in our geography very serious infractions that have been prescribed and that we want to register in the registry, such as traditional houses on rustic land, built before any planning existed.


Prescribed New Construction Declaration

It should be noted that these terms correspond to the Galician Land Law, but that they depend on each Autonomous Community. It is common for the 6-year prescription to be, in many communities (such as Madrid, Andalusia or Catalonia), only 4 years. On the contrary, there are communities (such as Navarra, the Balearic Islands or Castilla y León) in which the prescription for serious offenses becomes 8 years.

There are several means to prove that the urban infringement has prescribed, but in practice the notary will ask us for a certificate of seniority signed by a competent technician.

In this certificate, the technician will demonstrate, using the tools available to him, that the building has been completed since a certain date. For this, it may be supported by orthophotos, old photos, supply contracts, technical documents, notarial deeds, cadastral certifications or any other proof that the building was completely finished on a specific date.

It must be taken into account that the urban infringement includes any extension or auxiliary construction. Therefore, it must be demonstrated that the building has been completed for at least 6 years (or those that correspond) in its entirety. In fact, an out-of-order building cannot be expanded. If we do, we would be committing a new urban infraction that could even lead to the demolition of the entire building.


The horizontal division declaration deeds


The horizontal division consists of the division of a building in several registry properties, for example in a residential building to divide each house or premises by registry. If a new residential building is built, the deeds of new construction and horizontal division are usually made jointly, but they are independent acts.

You can also make a declaration of horizontal division of an existing old building, either because a new division has been made from a reform or because the building was not divided by registry although it was in reality. This is common in older residential buildings where the original owner was the same but have to be divided for inheritance, sale, etc.


Price of a new construction declaration

The declaration of a new work supposes a cost, in addition


-Taxes: In this case you have to pay the AJD tax (Documented Legal Acts), which in Galicia is 1.5% of the declared material execution budget of the work.

-Notary fees: These are the fees of the notary and in principle they should be the same in any notary. A declaration of new construction is considered a document of amount, that is, the fees will be a percentage of the value of the building. For example, for a typical building between € 150,000 and € 600,000, 0.05% plus a cost would be charged depending on the number of folios.
More or less at € 3 per page. To all this we will have to add VAT. The notary can make a discount of up to 5%.

-Registration fees: These are the fees of the Property Registry and they are also the same in any Registry. For a typical building between € 150,000 and € 600,000, 0.03% would be charged.
For example, for a construction of about € 200,000 of material execution budget, the IAJD will be € 3,000, the notarial fees will be about € 300 and the registration fees of about € 100.


The declaration of new construction and the age of the building


The declaration of new construction is the act in which it is stated, publicly, that a building exists on a specific plot. The deed is made before a notary public and will be registered in the Land Registry of the area. It is a necessary procedure to sell or rent a property and to request a mortgage on it, as well as highly recommended in any case.

It can be done both for a construction site, for a finished work with a license or for an old work without a license. The cost is small in proportion to the value of the building, the largest expense being the Tax on Documented Legal Acts.