Tuesday, 26 February 2013

Antiquity Certificates (II)

Certificates Attesting the Antiquity of Buildings (II)

Documents and Accreditations. Limitations on Property Rights.

Besides the Antiquity Certificate, if the primary use of the illegal building is residential, the act of registration by prescription of urban infraction requires accreditation of the decennial insurance constitution, unless some of the following circumstances:
  • the property is a dwelling developed by the owner, although the obligation for the constitution of the insurance reborns if the building is sold within ten years from the completion of the works and the acquirer does not expressly exempt that constitution
  • the time elapsed since the accredited date of the end of the works exceeds ten years.

Instead, in these cases it's not neccesary to furnish the following documents:
  • Building permit
  • First Occupation permit
  • 'Book of the building' accreditation.

As for the administrative act about the possible declaration of 'out of urban planning' situation, Spanish General Directorate of Registries and Notaries interprets it's not a prerequisite for the registration, but it can be performed later.

Limitations on Property Rights

In Spain, when a building has somehow violated the applicable planning regulations, although its property registry may be allowed, it will always have limited property rights, since it will probably not be able to get permission for reforms, rehabilitations or improvements. Thus, Notaries and Registrars are required to collaborate so that in the event of transfer by deed of buildings declared under prescription, the third party is aware of what he is really buying. Consequently, Registry Notes should indicate whether the registered building was declared under prescribed administrative action, and deeds must disclose whether the property is in an 'out of urban planning' or assimilated situation.

Certificates Attesting Antiquity of Buildings

Daniel Trujillano, Architect

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