Many times we have been consulted at the notary's office which documents are needed for certain procedures. 

In this document we are going to see the necessary or convenient documents to grant a new construction deed both in its variant of a new building that is built, and a building that is rehabilitated.  

The necessary or convenient documents to grant the deed of rehabilitated new construction and division under the horizontal property regime are indicated below with links to the regulations applicable to Catalonia.

In the case of the deed of new construction, either new construction or new construction that is declared after a major rehabilitation, a distinction must be made between new construction, rehabilitation and great rehab. (see the legal concepts in the link).

  1. Property title Registered is the deed that justifies the ownership of the site to be built or the building to be rehabilitated.
  2. In addition, a series of administrative requirements in order to formalize the declaration of new construction or the declaration of rehabilitated new construction (Soil Law art, 28): 
    1. Obviously you have to provide the Building or rehabilitation license. It is also provided when the property's horizontal property division is to be made. 
    2. The technician, usually the architect but sometimes an engineer, must provide a Certification Proof of the completion of the work (new or rehabilitated) according to the description of the project. It is contributed to the deed of new work or the horizontal division. 
    3. Certificate of first occupation or prior communication. It joins the Final Act of Work (AFO). It is the document that authorizes entry into the house. It is not necessary in places where an activity license is provided.
    4. Energy efficiency certificate. It is provided in purchases.
    5. Certificate of occupancy of first occupation of new construction or of rehabilitated new construction. It is provided in purchases.
    6. Building book (Law of the Right to Housing 2007). It is customary to contribute to the Property Registry (RdP) in the AFO.
  3. Civil requirements to proceed to the division of the new construction in private apartments the technique used in the horizontal property the DH (art, 553-9). Civil law requires: 
  1. The description of the property as a whole.
  2. The description of all the private elements, with the corresponding internal order number in the property, the general participation fee and, if applicable, the special ones that correspond to them, as well as the useful area, the situation, the limits, the plant, the destination and, if applicable, the physical spaces or the rights that constitute its annexes or links.
  3. A descriptive plan of the property.
  4. The statutes or community rules.
  5. The reserves of rights or powers, if any, established in favor of the promoter or the constituents of the regime.
  6. The forecast, if applicable, of the formation of subcommunities.
  1. Rehabilitation project is necessary to be able to correctly describe the different departments into which the building will be divided.
  2. The data of the architect who signed the project and the one who directed the work are always very useful although they are not required civilly.
  3. Horizontal division license -as we have seen- is necessary if the new work is already registered. 
  4. Note from the Land Registry. It is absolutely necessary so that the writing does not start from some data that is not registered.
  5. For tax purposes, the values ​​must be indicated. The values ​​that are necessary are, on the one hand, the value of the site, the value of the new construction and -where appropriate- the value of the extension of the work or the value of the rehabilitation. The deed will be attached to the cadastral record and also the Cadastral value and the receipt of the Real Estate Tax. A possible appraisal is always very useful.
  6. The cadastral situation has to be examined because today the Property Registry tends to agree. These refer above all to the surface of the farms, plots and plots. 
  • Final works report
  1. Certificate of the architect Director of the work at the end of the work.
  2. Decennial Insurance. Regarding the certifying certificate of the constitution of the same, it is regulated in the Instruction of September 11, 2000 of the DGRN to consultation of the General Directorate of Insurance.
  3. The building's book is presented in digital format. It is regulated in the Article 25 of Law 18/2007, on the Right to Housing. 
  • Sales Deed
  1. Registered property title.
  2. Final record of registered work.
  3. Certificate of occupancy. Exoneration for rehabilitation. General precept Art, 26 LAW 18/2007.  
  4. Digital Certificate energy efficiency. Properties not obligated. See question 15.
  5. Manifestation of being the building connected to the networks.

Everything you need to know, you can on request in the Notary Bosch-Bages of Barcelona.

If you wish, you can make an online consultation to the notary. You can also request an appointment for a video conference with the notary and be able to resolve your doubts. This type of online notarial service is perfect when you should not proceed to draft documents. Click this link: online notary to request more information.

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