Escritura de obra nueva

LoadingFavourite

This topic contains 7 replies, has 3 voices, and was last updated by Profile photo of Anonymous Anonymous 10 years, 6 months ago.

  • Author
    Posts
  • #51848
    Profile photo of Anonymous
    Anonymous
    Participant

    We have been advised that we can now register our house by using the above document.

    Can anyone confirm whether when we have done this we will be able to get a mortgage on our house or indeed sell it.

    Thank you

  • #62436
    Profile photo of Anonymous
    Anonymous
    Participant

    @arabrab wrote:

    We have been advised that we can now register our house by using the above document.

    Can anyone confirm whether when we have done this we will be able to get a mortgage on our house or indeed sell it.

    Thank you

    Yes, this should enable you to mortgage the property, and will be essential before any informed buyer considers purchasing your villa. If you intend selling, you should be able to declare the obra nueva at the same time as you sell. But there may be other implications, so make sure you check with a local lawyer or notary.

  • #62444
    Profile photo of Anonymous
    Anonymous
    Participant

    Thank you. Would it be cheaper to wait until we find a buyer? Cost involved have been quoted as 4,500 euros on a 150,000 euro declared value.

  • #62445
    Profile photo of Anonymous
    Anonymous
    Participant

    It won’t be cheaper – but it will be less painful as you will get paid by the buyer at the same time.

  • #62453
    Profile photo of Anonymous
    Anonymous
    Participant

    Just occurred to me – we don’t have a habitation licence. If we obtain the escritura by the above means will the property still be saleable/mortgageable? We don’t want to fork out more money on another lost cause!

  • #62462
    Profile photo of Anonymous
    Anonymous
    Participant

    In my area – Valencia – the banks and building societies do not ask for a copy of the cedula or LFO when deciding whether to issue a mortgage on a given property.

  • #62527
    Profile photo of Anonymous
    Anonymous
    Participant

    @arabrab wrote:

    Just occurred to me – we don’t have a habitation licence. If we obtain the escritura by the above means will the property still be saleable/mortgageable? We don’t want to fork out more money on another lost cause!

    Is it a new property, in which case you should have planning permission? The licence, architects plans, architects certificate of finishing the building will all be required by the Notary before you will be able to make the new building declaration. You could then get a habitation certificate.

    If it is an older illegally built property, you will probably be able to register it with an architects certificate stating the age. However, there are some areas where this is not allowed, and the property will remain illegal forever. In Dolores, Alicante, no house built illegally since May 2000 can ever be inscribed at the Land Registry (or at least under current rules). Check with the local Notary. The Ayuntamiento may refuse ever to give a habitation certificate.

    If you can legalise it you can get a mortgage.

  • #62538
    Profile photo of Anonymous
    Anonymous
    Participant

    I understand that after a period of 4 or 5 years, depending on where the property is situated, it is possible to register it using the “new works” certificate without having a building licence.

    I have also been told that a habitation licence is not then necessary, if you have an electricity contract. If the house is then sold, the contract can be transferred into the name of the new owner.

    Is this true?

You must be logged in to reply to this topic.