Declaration of New Building in Spain

If you own a plot of land in Spain and wish to build a Villa on the same, you may ask yourself what are the necessary legal requirements, in order to legalise the property, which has just been built or is being built.

There is a Spanish legal act by which we can declare the construction of a building (or its improvements or extensions) by granting a Spanish “New Building Title Deed”.

You should register this Title Deed at the Land Registry in Spain, in order to bring the physical reality to the registry books. Basically, to provide a legal frame work of legality to the new construction.

Although in general terms, this is called Declaration of New Building Title Deed,  in Spanish its known as “la Declaración de Obra Nueva”, upon this legal figure, may include the legalization of flats, single-family villas, improvements, additions to existing buildings, or legalization of existing buildings that never had access to the Land Registry.

In you own the plot of land in which you wish to build the house, with your own materials, in order to avoid problems in the future – sale of the property, contracting the different supplies (electricity, water, heating, gas…) – we advise you to legalise the property that you are building.

In general terms, the legal documentation required for the granting of the Declaration of New Building Title Deed, are:

• Building Licence (in force) issued by the relevant Town Hall where the property is located.
• Final Certificate of Work completion, issued by the technician who took part in the direction of the same.
• Ten Year Insurance Policy (under certain circumstances).
• Book Building (under certain circumstances).
• License of First Occupation issued by the Town Hall where is locate the property.
• Energy Performance Certificate.

Avoid problems, at the time of legalizing your new built home. Do not wait up to the completion of the works to obtain the above mentioned documents, because it may be too late or more expensive to obtain it. Please ensure you obtain good advice. Approach the English speaking lawyers in Marbella, Málaga, Spain of Arcos & Lamers Asociados. Lawyers and accountants under one roof.

In Arcos & Lamers Asociados, you will be receiving a completed legal advice concerning the full process of the Declaration of a new Building.

Félix Ruiz, Laywer in Marbella.