Cadastral Valuation of the Land in Spain (II)

Land Values in Spain (II)

Basic Impact Value

Normally, we value the land -built or unbuilt- at the Impact Value, in euros per square meter of potential or actual floor area. However it can also be valued at the Unit Value -euros per square meter of land- in the following cases:

• when advisable due to the small size of the urban piece of land, the small population or the low activity in the real estate market, whether those circumstances are justified in the Values Statement
• when the land belongs to residential developments in open-building style, with single-family typology
• when the land is associated to communal building uses -sports, health, religious, etc.-
• when the land is associated to territorial general systems
• when the use of the Impact Value is inadvisable due to circumstances referred to in the Values Statement
• when the land is associated to industrial building use and there is uncertainty about the buildable Gross Floor Area, or the buildable floor area is calculated from the size of the plots or the volume of the buildings
• when the land is not built and it's required due to the particular market or urban planning conditions.

In cities where the urban planning is adapted to the the Spanish Law on Land Regime and Urban Planning ('Ley sobre régimen del suelo y ordenación urbana'), the definition of Unit Values should consider the exploitation.

Basic Impact Value of the Land

Basic Impact Value of the land in each Polygon, Street, Street Section, Zone or Place is given by the Residual Method, deducting from the value of the real estate product the sum of the following items:

• the Construction Cost of the existing building
• other production costs
• the profit of the development.

Daniel Trujillano, Architect

http://www.arquitectotrujillano.com/valuation/home.html 

Property Valuation Reports in Spain

Cadastral Valuation of the Land in Spain (I)

Land Values in Spain (I)

Polygon, Street, Street Section, Zone, Place and Plot

Polygon Values ​​are reference values​​. They represent the average circumstances of the polygon or the value of the average Plot defined in terms of urban planning parameters.

Types of Polygon Values

Spanish Royal Decree 1020/1993 considers two types of Polygon Values:

• Basic Impact Value in Polygon, or VRB ('Valor de Repercusión Básico'), corresponding to the most characteristic property product or to the product as defined by the building use and building type defined by applicable urban planning
• Basic Unit Value in Polygon, or VUB ('Valor Unitario Básico'), obtained by considering the buildable Gross Floor Area assigned to the average Plot by the applicable urban planning.

When there is no Impact Value, the Unit Value is set according to urban circumstances and  market status.

Values in Street, Street Section, Zone and Place

The values in Street, Street Section, Zone and Place are used to calculate the individual values applicable to each Plot. R.D. 1020/1993 considers two types of values in Street, Street Section, Zone or Place:

• Impact Value in Street, Street Section, Zone or Place, also called VRC ('Valor de Repercusión en Calle'), obtained in response to the urban characteristics, by correction of the Basic Impact Value in Polygon (VRB)
• Unit Value in Street, Street Section, Zone or Place, also called VUC ('Valor Unitario en Calle'), which is obtained from the detailed Impact Value in Street.

When we calculate the Impact Value in Street, Street Section, Zone or Place (VRC) we must consider the following circumstances:

• location, with respect to different centers of attraction, according to the building uses
• accessibility and public transport means, within the polygon and in relation to the rest of the city
• urban development level and quality of urban services
• real estate market dynamics, in terms of greater or lesser number of operations
• specificity of supply or demand trend.

When we calculate the Unit Value in Street, Street Section, Zone or Place (VUC) we must use the buildable Gross Floor Area defined according to some of the following expressions:

• buildable Gross Floor Area assigned by the urban planning for the Street, Street Section, Zone or Place
• average value between all assigned buildable Gross Floor Areas
• most frequent buildable Gross Floor Area assigned to the most representative buildings of the Street, Street Section, Zone or Place.

When there is no Impact Value, Unit Value in Street, Street Section, Zone or Place (VUC) is calculated by application of the Basic Unit Value in Polygon (VUB).

Plot Values

Plot Values are used to obtain the value of the land in particular pieces. We consider two types of Plot Values:

• Impact Value in Plot, or VRP ('Valor de Repercusión en Parcela'), which is obtained from the Impact Value in Street, Street Section, Zone or Place (VRC), by applying all weighting factors that may apply
• Unit Value in Plot, or VUP ('Valor Unitario en Parcela'), obtained from the Impact Value in Plot (VRP), by applying all weighting factors that may apply.

When there is no Impact Value, Unit Value in Plot (VUP) is obtained from the Unit Value in Street, Street Section, Zone or Place, by applying all weighting factors that may apply.

Daniel Trujillano, Architect

http://www.arquitectotrujillano.com/valuation/home.html 

Property Valuation Reports in Spain

Cadastral Valuation Standards in Spain (II)

Technical Standards for Cadastral Valuation in Spain (II)

Definition of Construction. Land Delimitation. Valuation Polygons.

Spanish Royal Decree 1020/1993 is applied in the valuation of those constructions and buildings which, according to the Spanish Law on Land Regime and Urban Planning, must be subject to a license, with the exception of those that may be considered 'rustic nature constructions'.

Definition of Construction

Spanish R. D. 1020/1993 defines 'construction' as :

• buildings in any case, even if they are transportable and although the land on which they are located does not belong to the owner of the construction
• commercial or industrial facilities that are comparable to the concept of 'buildings' and not to the concept of machines or appliances, such as dams, tanks, loaders, etc.
• development and improvement works and those made for the use of open spaces, like enclosures for markets, outdoor deposits, sport facilities, docks, parking areas and other areas annexed to constructions
• all other buildings that are not expressly described as 'rustic nature constructions'.

Delimitation of Urban Nature Land

In each Spanish municipality there should be a Delimitation of the Land, which must be documented and submitted to the following procedures:

• approval by the Real Estate Territorial Council
• exposure to the public, after publication by edict.

Valuation Polygons

After the Land Delimitation derives the division of the Land in Valuation Polygons, according to the following criteria:

• urban consistency, both for the calification of the land and per the type of constructions
• administrative circumstances
• market characteristics that facilitate the valuation
• economic and social circumstances
• other circumstances, duly justified in the Valuation Settings.

In addition to the listed criteria, in municipalities whose planning is adapted to the consolidated text of the Spanish Law on Land Regime and Urban Planning, the delimitation of polygons must consider:

• distribution areas
• urban land areas referred to further planning
• sectors delimited by general planning on Scheduled Developable Land.

Daniel Trujillano, Architect

http://www.arquitectotrujillano.com/valuation/home.html 

Property Valuation Reports in Spain

Cadastral Valuation Standards in Spain (I)

Technical Standards for Cadastral Valuation in Spain (I)

Module M. Market Value. Definition of Land.

The text of Spanish Royal Decree 1020/1993 contains the Technical Standards for Cadastral Valuation and the Standards Table for Land and Construction Values. Both are used to determine the Cadastral Value of Urban Real Estate in Spain. Technical Standards are a set of concepts, rules and criteria used for the valuation of urban nature assets. The Standards Table is the set of rules, criteria and core values used to calculate the values ​​of land and buildings in massive valuation proceedings. The Cadastral Value of urban nature assets is contained in the Urban Real Estate Cadastre, and it's composed of the value of the land and of the buildings, if any.

Value Module M

Spanish Royal Decree 1020/1993 defined a Value Module M which was supposed to be approved by the Ministry of Economy and Finance, and its purpose was to serve as a basis for the valuation of land and buildings. In 2005, Spanish Order EHA/1213/2005 set module M at 1,000 euros per square meter. That is the value of Module M which is still considered current.

The Market Value

The Market Value is established locally or, if the local market is tight, through a study of the provincial or regional market. The Market Value is the basis for determining :

• the values ​​in relation with the street, the area or the place
• the scope in which coefficient N is applicable.

Cadastral Value can never exceed the Market Value.

Definition of Land

For the purposes of its definition as urban property, all following concepts are considered Land:

• urban land
• developable land
• land with scheduled development
• land without scheduled development, since the time an Urban Action Program is approved
• land which counts with paved paths, sidewalks, sewer, water supply, electricity supply and street lighting
• land occupied by buildings of urban nature
• land obtained by division against current agricultural legislation, provided that such division distort its agricultural use and without any alteration on the rustic nature of the land for other purposes than cadastral.

Daniel Trujillano, Architect

http://www.arquitectotrujillano.com/valuation/home.html 

Property Valuation Reports in Spain

Building Demolition Projects

The Demolition of Buildings

Content, Endorsement and Demolishing Permit. Sanctions.

In Spain, a full demolition project must include the following documents :

• memory - report: developer, work order, description of the building, demolition method and applicable planning conditions
• schedule of demolition costs
• site plan, location plan and floor plans
• elevations plans or photographs
• Health and Safety Basic Study or Health and Safety Study, as appropriate
• Waste Management Study: estimate of the amount of waste generated; measures to adopt for waste prevention; reuse, recovery or disposal operations; measures for waste separation; storage, handling and separation utilities plans; particular technical requirements related to the storage, handling and separation, and assessment about the estimated cost of waste management.

Endorsement of Demolition Projects

According to Spanish Royal Decree 1000/2010, obtaining the endorsment by the Architects' Association is always mandatory for building demolition projects, whether they require the use of explosives or not.

Demolishing Permit in Andalusia

According to the current Urban Planning Regulations of Andalusia, Demolition Licenses, understood as those that are intended to carry out demolition of buildings, structures or facilities, are considered Urban Licenses. The Regulations provide that the demolition of facilities, whatever their class or use and whether they are permanent or temporary, are subject to prior municipal Urban License, without prejudice to any other authorizations or reports that may be needed and with the sole exception of those motivated by assumptions of imminent physical wreck.

Sanctions for Acts of Demolition

The acts of total or partial demolition of constructions, buildings or facilities under special protection by applicable Urban Planning, because of their unique architectural, historical or cultural value, shall be punished with fines which may be between 200 and 300 percent on the value of the destroyed or altered part.

Daniel Trujillano, Architect

http://www.arquitectotrujillano.com/demolition/home.html

Technical Documents for Demolition Projects in Spain

http://www.boosterblog.es

Measuring Floor Areas in Spain (I)

Measuring Floor Areas in Buildings (I)

Gross Floor Area (GFA) and Spanish Cadastre

The correct measurement of floor areas can be essential throughout the building process: it determines the calculation of structures, instalations and costs, and it's the basis for the determination of fees, charges, taxes and insurance costs. In Spain, we have more than one standard for calculating floor areas, and we need to choose the proper method depending on the purpose for which the calculation is made. In relation to the Gross Floor Area (GFA), the following definitions, both related to Spanish Cadastre, involve some measurement criteria.

The Gross Floor Area (GFA)

According to Spanish Royal Decree 1020/1993, the Gross Floor Area ('superficie construida' in Spanish) is the floor area bounded by the outer line of the perimeter walls of a building, deducting the area occupied by courtyards. In buildings with party walls, GFA is limited by the axis of the sharecropping. The floor area of ​​balconies, terraces, porches and similar elements is measured by the following criteria:

• if they are not covered, they do not count
• if they are covered and closed in three of their four orientations, they are computed at 100%
• if they are covered and closed in less than three orientations, they are computed at 50%.

Spaces less than 1.50 m in height (eg, under stairs or ramps, or under pitched roofs) only account for the calculation of the GFA when the use of the property is not residential.

Cadastral Gross Floor Area

In the case of buildings with multiple owners (eg, apartment buildings), Spanish Cadastre defines the Cadastral Gross Floor Area of a property as the result of adding to the private GFA a proportional part of the GFA of the common elements. The propotional part of the GFA of the common elements is the result of the participation of the private element in the common elements, by applying the proper participation rate.

Endorsement by Architects' Association in Spain (II)

Non-Mandatory Endorsement by Architects' Association in Spain

Architectural Services that Don't Require Endorsement by Architects' Association

In Spain, Royal Decree 1000/2010 determines which professional services should get mandatory endorsement by a Professional Association, as an exception to the client's choice. If we study its content, collated with the requirements of the 'Ley de Ordenación de la Edificación' (LOE), we can deduce which Architectural Services are considered to be exempt from endorsement.

1. Building Works Exempt from Endorsement

According to the LOE, new construction one-storey works with only minor constructive value and with technical simplicity, which character is not residential nor public, are not considered to be building works, so all architectural services needed to develop this kind of works are nor forced to be endorsed by the Architects' Association.

And the same goes for the projects of expansion, modification, alteration or rehabilitation of buildings, if they do not alter the architectural configuration and if they don't affect parts or elements subject to environmental protection, historical protection or artistic protection. It is understood that the work alters the architectural configuration of a building when it produces a substantial variation of the architectural composition, the built volumes, or the entire structural system, or it's targeted to change the characteristic building uses.

2. Exemption from Endorsement in Professional Services for Civil Services

Professional services contracted by Civil Services do not require endorsement by any Professional Association if they are subject to report by a project supervision office, or equivalent. The same goes for professional services contracted by a Civil Service in which the hiring process performs the verification of the identity and professional qualifications of the author's work, and checks the formal correctness and completeness of the delivered documentation.

3. Other Architectural Services without Endorsement

The following non-exhaustive list displays professional services that Spanish Architects can provide and which do not require endorsement by the Architects' Association:

• Urban Planning Services
• Definition of Boundaries, Stakeouts, Measurements and Valuations
• Technical Reports, Expert Opinions and Certificates
• Decor and Interior Design Services
• Structural Calculations, Documentation for Opening Permits, Construction Cost Schedules and Technical Inspection of Buildings.

Endorsement by Architects' Association in Spain (I)

Mandatory Endorsement by Architects' Association in Spain (I)

Architectural Services that Require Endorsement by Architects' Association

In Spain, the Royal Decree 1000/2010 identifies which professional services must necessarily obtain Endorsement by a Professional Associtation ('Visado colegial'), as an exception to the client's choice. These are the services in which there is a direct causal link between the professional service and the effect on the physical integrity and security of the people, and in which the Endorsement by a Professional Association is the best-proportioned means of control.

The Royal Decree also specifies the legal regime applicable to cases of Mandatory Endorsement.

Mandatory Endorsements

The Royal Decree 1000/2010 prescribes Mandatory Endorsement by a Professional Association only on the following professional services:

• Construction Documents for building projects
• Construction Completion Certificates in building projects
• Legalization Documents for buildings: Construction Documents and Completion Certificates that, if any, should be provided in administrative procedures for the legalization of building works
• Demolition Documents for buildings where the demolition doesn't require the use of explosives
• Documents related with blasting, explosives, ammunition and pyrotechnic projects
• Documents for exploitation projects of mineral resources.

Partial Documents Endorsement

Although professional services are developed or supplemented by partial documentation and other technical documents, the final documents may be endorsed just once and by only one Professional Association, which must be competent in the subject matter of the work. No need for partial endorsement of documents that are part of them.

The Competent Professional Association

For the mandatory endorsement, the undersigned professional should be directed to the Professional Association which is competent in the principal matter of the professional service. If several competent Professional Associations in the field, the practitioner can obtain the endorsement at any of them.

In the Construction Completion Certificates for building projects, the subject matter includes Direction of the Work and Direction of the Performance of the Work, so it's enough with the endorsement by a competent Professional Association in any of these two subjects.

Any Spanish practitioner can get endorsement at any of the Professional Associations in Spain.

Architect Daniel Trujillano

http://www.arquitectotrujillano.com/home.html

Architecture Services for Building Projects in Spain

Spanish Architect's Qualifications in the Building Process

The Spanish Architect and the Construction Agents

Qualifications of Architects in Spanish Building Process

In Spain, the 'Ley de Ordenación de la Edificación' (LOE) prescribes what degree qualifies to play the role of each agent in the building process, which depends on the use the building is intended to allocate.

The Architect as Building Designer and Director of the Works

The Building Designer ('Proyectista') is the agent who make both the Architectural Design and the Construction Documents, on behalf of the Property Developer and with due respect to all relevant technical and planning regulations.

The Director of the Works ('Director de obra') is the agent who, as a part of the technical management, directs the development of the work in technical, aesthetic, planning and environmental aspects, in accordance with the Architectural Design, the Construction Documents, the building permit, any other required approvals and the terms of the contract, in order to ensure the suitability of the building for its intended purpose.

Spanish Architect's degree enables to act as both Building Designer and Director of the Works in all cases where the LOE is applicable. In addition, a Spanish Architect is the only professional who can be both Building Designer and Director of the Works in projects for buildings where the use is Administrative, Sanitary, Religious, Residential in all its forms, Educational or Cultural (Group A uses the LOE).

The Architect as Director of the Performance of the Works

The Director of the Performance of the Work ('Director de la ejecución de la obra') is the agent who, as a part of the technical management, assumes the technical role of directing the performance of the works and of monitoring the construction and the quality of what is being built.

A Spanish Architect's degree enables to act as Director of the Performance of the Work in the following cases:

• In building projects where primary use belongs to the Group B of the LOE, if the Director of the Works is not also an Architect. That is, a Spanish Architect can be the Director of the Performance of the Work if the primary use of the building is Aeronautical, Agricultural, of Energy, of Hydraulics, Miner, of Telecommunications, of Land, Sea, River and Air Transport, Forest, Industrial, Naval, of Sanitation and Hygiene Engineering, or Accessory to Engineering Works and their Exploitation, provided that the Director of the Works is Engineer or Technical Engineer.
• In building projects where primary use is parking or commercial (Group C of the LOE), even if he also acts as Director of the Works. That is, according to the LOE, a single Spanish Architect can act as Building Designer and then, simultaneously, be Director of the Works and Director of the Performance of the Works in the building projects where the primary use is parking of vehicles, shops, department stores, malls, markets, shopping malls, laundromats, hair salons, etc.

In the works where the primary use belongs to the Group A of the LOE, the Director of the Performance of the Work can only be Technical Architect ('Arquitecto técnico'), and the same happens in the projects where the primary use belongs to the Group B of the LOE if the Director of the Works is an Architect.

The Architect as Health and Safety Coordinator

Spanish Architect's degree enables to act as Health and Safety Coordinator in the building process, during the drafting of the Construction Documents and during the performance of the work, in all cases where the LOE is applicable.

Uses in Buildings (II)

Building Uses in Spain (II)

Uses in the Group C of the LOE

The building uses in Groups A and B are listed in Article 2 of the Spanish 'Ley de Ordenación de la Edificación' (LOE), but when it comes to the uses in Group C, the Law simply states they are the uses not specifically listed in the two previous groups. If we limit ourselves to the list of building uses that are defined by the Spanish 'Código Técnico de la Edificación' (CTE), which are listed in the Terminology annexes, there are only two uses that may be included in the Group C of the LOE: Parking Use and Commercial Use.

Parking Use

Parking Use ('Uso aparcamiento') is defined as one that characterizes the buildings, facilities or areas for parking of vehicles, but only if the surface area exceedes 100 sq. m. It may include areas destinated to washing vehicles, tuning, installation of accessories, checking tires and headlights, etc., and it excludes garages in private houses, whatever its surface, as well as exterior car parks around buildings, even if the lots are covered.

Commercial Use

Commercial Use ('Uso comercial') is defined as one that characterizes the buildings or establishments whose main activity is the sale of products directly to the public, or the provision of services related thereto. It's the use of the shops, department stores, malls, markets, shopping malls, etc.

Establishments that lend certain services directly to the public, not necessarily related to the sale of products, may also be considered to be affected by Commercial Use, if constructive and functional characteristics can be assimilated more to Commecial Use than to any other use. Examples of such assimilation can be laundromats, hair salons, etc.

Uses in Buildings (I)

Building Uses in Spain (I)

List and Classification of Uses for Buildings

In Spanish building industry, uses are defined as those activities that take place in a building, or in certain areas of a building, after its delivery to the users.

Uses in Spanish LOE and CTE

Spanish 'Ley de Ordenación de la Edificación' (LOE) defines three groups of uses: A, B and C. Then, the 'Código Técnico de la Edificación' (CTE) includes definitions for the uses. Using both official documents we can compile the list of uses is included below:

Group A Uses

The A group includes the following uses:

• Administrative Use ('Uso Administrativo'): Building, facility or area in which management activities or services are carried out. It includes public administration centers, banks, professional offices, etc.
• Sanitary Use ('Uso Sanitario'): building or area which use includes hospitals, clinics, nursing homes, health centers, clinics, clinical analysis centers, etc.
• Religious Use ('Uso Religioso'): spaces for cult.
• Public Residential Use ('Uso Residencial Público'): Building or facility designed to provide temporary shelter, which can provide common services such as housekeeping, dining, laundry, meeting and entertainment facilities, sports, etc. It includes hotels, hostels, tourist apartments, etc.
• Residential Housing Use ('Uso Residencial Vivienda'): Building or area for permanent accommodation. It includes detached houses, flats, apartments, etc.
• Educational Use ('Uso Docente'): Building, establishment or area for teaching, in any level. It includes nursery schools, primary schools, secondary schools, university, etc.
• Cultural Use ('Uso Cultural'): building or establishment for catering, entertainment, meeting, leisure, sport, auditoriums, games, etc.

Group B Uses

The B group includes the following uses:

• Aeronautical ('Aeronáutico')
• Agricultural ('Agropecuario')
• Of Energy ('De la energía')
• Of Hydraulics ('De la hidráulica')
• Miner ('Minero')
• Of Telecommunications ('De telecomunicaciones')
• Of Land, Sea, River and Air Transport ('Del transporte terrestre, marítimo, fluvial y aéreo')
• Forest ('Forestal')
• Industrial
• Naval
• Of Sanitation and Hygiene Engineering ('De la ingeniería de saneamiento e higiene')
• Accessory to Engineering Works and their Exploitation ('Accesorio a las obras de ingeniería y su explotación').

Group C Uses

Within the group called C, LOE includes all buildings whose uses are not specifically listed in the two previous groups.

Glossary

Glossary for Building Projects in Spain

Definitions

Some terms related to the building process in Spain:

Arquitecto = Architect

The architect is the professional who is member of the Colegio Oficial de Arquitectos of any province in Spain.

Obra = Work

The Work means the total construction and related services required by the construction contract documents.

Presupuesto de Ejecución Material (PEM) = Material Performance Cost

Material performance cost is a price of all project elements designed or specified by, or on behalf of, or as a result of, the coordination by the architect. Material performance cost includes the cost of all materials and labour necessary to complete the Work, and excludes the following:

1. the overhead and the profit of the contractor
2. the full amount of value-added taxes
3. the building permit fees
4. the compensation of the architect and the consultants
5. other professional fees which are the responsibility of the client
6. the land cost, and land development charges.

Anteproyecto = Schematic Design

Schematic design documents to illustrate the scale and character of the project and how the parts of the project functionally relate to each other, based on the mutually agreed upon program of requirements and schedule.

Proyecto básico = Architectural Design

Design development documents drawings and other documents appropriate to the size of the project, based on the client’s approved schematic design documents and agreed estimate of material performance cost.

Proyecto de ejecución = Construction Documents

Construction documents consist of drawings, specifications and other documents appropriate to the size and complexity of the project, to describe the size and character of the entire project including architectural, structural, mechanical, and electrical systems, materials and such other elements setting forth in detail the requirements for the construction, enlargement or alteration of the building or buildings of the project.

Dirección de obras = General Review

General review means review during visits to the place of the Work at intervals appropriate to the stage of the construction that the architect in its professional discretion, considers necessary to become familiar with the progress and quality of the Work and to determine that the Work is in general conformity with the construction contract documents, and so report, in writing, to the client, contractor and chief building official.

Antiquity Certificates (III)

Certificates Attesting the Antiquity of Buildings (III)

Justification of Antiquity. Purpose, Limitations and Approval.

Antiquity Certificates of buildings and constructions must contain justification for the estimation of the age, which must be based on the use of documents as evidence. These documents must be provided together with the certificate.

Supporting Documents

List of documents which serve as a reference to establish the age of a building property:

• dated aerial photographs, obtained from sources such as 'Ministerio de agricultura, pesca y alimentación', 'Consejería de vivienda y ordenación del territorio' or 'Consejería de agricultura y pesca de la Junta de Andalucía'
• documentation belonging to urban planning, in which the building is clearly rendered
• contracts for supplies, like water, electricity or telecommunications
• cadastral certifications.

Purpose and Limitations of the Antiquity Certificates

Ideally, the text of the Antiquity Certificate must specify the purpose for which it is drawn. Antiquity Certificates should never include aspects related to the habitability or structural safety of the building; these are typical aspects of the Final Certificates that are part of the Legalization Projects. Therefore, Antiquity Certificates are not proper documents that may grant particularized recognition of a situation assimilated to 'out of urban planning' regime. It is appropriate that the certificate text expressly states that it is not a valid document for the purpose of legalizing the property, in order to avoid confusion about the scope.

Approval by College of Architecture

In accordance with Spanish Royal Decree 1000/2010, Antiquity Certificates do not require the approval by the College of Architecture, because there's not a direct causal link between the professional work of the architect and the effect on the physical integrity and security of the people.

Daniel Trujillano, Architect

http://www.arquitectotrujillano.com/reports/antiquity.html

Drafting of Antiquity Certificates for Buildings in Spain

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.

Daniel Trujillano, Architect

http://www.arquitectotrujillano.com/reports/antiquity.html

Antiquity Certificates for Buildings in Spain

Antiquity Certificates (I)

Certificates Attesting the Antiquity of Buildings (I)

Prescription Time Frame. Property Registration.

According to the Revised Text of the Spanish 'Ley del Suelo', if a construction, building or facility was illegally built but the time frame in which it was legally possible to adopt restoring actions which could implied demolition is finished, then it will be possible to declare the completed construction.

Time Frame for Restoring Actions

The applicable time frame in which the Administration may act against illegal constructions by ordering demolition is determined by regional legislation. In Andalusia, this legislation is contained in the Law on Urban Planning of Andalusia (LOUA), which currently sets the time frame in six years after the full completion of the works. The prescription time frame is not applicable in the following types of location:

• undeveloped land with special protection
• land located in the Coastal Influence Zone
• Catalogued Land
• parks, gardens, open spaces or infraestructure
• allocations reservations.

In all locations listed, the action of the Administration does not prescribe at all.

Property Registration

Among the documents which can be used to enter a new Title Deed in the Register of the Property are the certificates issued by competent technicians, stating the completion of works on specified date along with a building description which must match the one set forth in the Deed. This kind of documents are known as "Antiquity Certificates", which must be written by registered Architects and used to apply for registration.

Checking for Registration

At the time of registration, in addition to receiving the Antiquity Certificate, the Registrar must verify:

• the lack of notation for initiation of urban discipline actions
• the location is non demanial or affected by public easements.

Also, if the construction, building or facility is in an “out of urban planning” situation, in accordance with applicable urban planning, the Registrar must notify the registration to the City Council.

Daniel Trujillano, Architect

http://www.arquitectotrujillano.com/reports/antiquity.html

Antiquity Certificates for Buildings and Constructions in Andalusia