What is the declaration of new work?

What is the New Construction declaration? It is the declaration that certifies the construction of a building or the modification of a construction already done that is carried out on a land. 

With the main purpose of reflecting the current reality and the legal reality, a public deed is granted that confirms the events that occurred, that is, the existence of the construction or extension. This public deed that declares the construction of a new work, already finished or to be finished, will be registered (the most relevant fact of the entire legal procedure) in the Land Registry. Upon being verified in the Registry, this construction is registered.

Existing modalities

There  two kinds of declaration of New Work:

    1. Declaration of New Construction Completed: This situation occurs when the construction of the work, modification or extension is already completely finished. The completion must be recorded in a Notarial certificate of end of work. This certificate incorporates the End of Work Certificate, the mandatory ten-year insurance and the Energy Efficiency Certificate.
    1. Declaration of New Construction in Construction: This situation occurs when a building is being erected on a piece of land, or the construction is in a process of expansion or reform, even without completion. 

Is the New Construction Declaration mandatory?

In principle it is not mandatory. The vast majority of recordable acts are voluntary (Principles of Rogation). However, it is advisable to register a new work with the  object of being able to finance a hypothetical sale or simply to make match the physical reality with the register. 

If the property is built by a developer or construction company, it will be necessary to make the Declaration of New Work in order to be able to mortgage the property, and also in practice, to sell it. 

On the other hand, if it is a construction carried out by a private property on own land and for personal use, it is not mandatory  said Declaration, but it is convenient. It is worth mentioning that for this individual, the Declaration of new construction will be necessary to contract supplies, sell the house, or constitute a guarantee  mortgage of the land. 

What is the function of the notary?

So that the Declaration of new construction can access the Property Registry, it will have to be awarded in Public deed notary. 

To contact the Bosch & Bages Notary to make an appointment, make click here..

The essential function of the Notary is to check that the relevant permits, licenses, requirements and authorizations are met, and the other requirements required by law. 

To grant this public deed the following documentation will be required: 

Required Documentation

  1. City Council license authorizing to build based on the project presented. 
  2. Certification from the competent technician certifying that the building is under construction or that it is already finished. 
      • If construction is in progress, the competent technician will have to prove that it is being built in accordance with the project, for which a license has been granted. 
      • If the construction is finished, the technician will certify that it has been built according to the approved project. 
  1. Hiring of ten-year damage insurance and surety to cover material damage caused by defects or defects in the building. 
      • Today, only the decennial insurance,  due to vices or defects that originate or affect the foundations, supports, beams, floors, load-bearing walls or other structural elements, and that directly compromise the mechanical resistance and stability of the building.
      • It is not necessary to take out the Decennial insurance in the case of the Self-promoter, that is,  that natural or legal person, who builds their own single-family home for their own use. However, if there is an inter-live transmission, it will be necessary.
  1. Have the building book.
  1. Have a certificate of occupancy or first occupation license (not all Autonomous Communities require the presentation of these documents).
  2. Building energy efficiency certificate.

If you meet all the requirements, it will be the Notary itself who will be in charge of the procedure of registering the Deed at the Registry. In this case, the Registry will register the Declaration in the registry estate where the property of the site is registered. 

In the Registry, the construction information will be recorded. It will be specified how many floors the building constitutes, the area of ​​the plot it occupies, the square meters that have been built, the horizontal property ...

Applicable legislation

This matter is partly the responsibility of the state, and partly the responsibility of the Autonomous Communities.

To ensure compliance, it is recommended to go to a notary who will inform you in detail of the legal requirements. 

On the other hand, regardless of the legislation of each community, there are state laws applicable to the Declaration of New Construction. These standards are:

  1. Land Law
  2. Building management law
  3. Mortgage law
  4. Royal Decree on Registration of Acts of Urban Nature

What are the costs?

  • Tax: you will have to pay the tax of Documented Legal Acts. It varies depending on each Autonomous Community. 
  • Notary fees: The fees of the notary, which will be calculated with respect to the value of the building. VAT will be added. 
  • Registry Fees: You will have to pay the registry fees. Each registration usually charges the same amount. The same happens with the Notaries, because we are facing tariffs at the national level. 

Check this service at Bosch-Bages, you Notary of Barcelona.

You can also make an online consultation at the notary's office. Or if you prefer, you can make an appointment for a videoconference with the notary and ask your question. This type of online notarial service is ideal when the preparation of documents is not required. Click this link: online notary to request information. 

We also offer another type of online service such as the request fast simple copies online. By filling out the form on the page you can request your simple copy electronically.