Do you want to sell or buy a house? Can a house be registered without a habitability certificate? This situation is more common than it seems, so in this article we will analyze what it is, if it can be registered without a habitability certificate, and what differences exist between different autonomous communities. Let’s review if it is possible to register without a habitability certificate.
What is the habitability certificate?
It is an administrative document that certifies that a home meets the necessary technical and legal conditions to be inhabited. These conditions include aspects such as minimum surface area, ventilation, lighting, and structural safety, among others. Ultimately, it refers to elements of safety, hygiene, and healthiness.
If a house does not meet these minimum standards, it can endanger the safety of the people living in it.
Regulation
The regulations governing the habitability certificate vary by autonomous community. However, the Building Planning Law (Law 38/1999, of November 5) establishes the basic requirements that buildings must meet to be considered habitable:
- Acceptable conditions of healthiness and tightness inside the building.
- Protection against noise.
- Energy saving and thermal insulation.
- Other functional aspects of the construction elements that allow satisfactory use of the building.
Deed of sale and necessary documentation
The deed of a home is a fundamental step in the process of buying and selling property. Granting a deed of sale before a notary means signing the contract before a public attester so that it can be registered in the Property Registry and the ownership of the property is made public.
However, one of the most controversial and frequent aspects of these transactions is the need for the habitability certificate. This document certifies that the home meets the minimum habitability requirements and is essential for various procedures, including the registration of basic supplies such as electricity.
To register a home, in general, several documents are required, including the following:
- ID or NIE of the seller and buyer.
- Energy efficiency certificate of the property.
- Latest IBI receipt (Property Tax).
- Copy of the rental contract (if the apartment is rented).
- Deed of sale or acquisition of the property by the seller.
- Habitability certificate (according to the regulations of the autonomous community).
Is the habitability certificate mandatory for registration?
The answer is that it depends on each regional regulation. There are autonomous communities where the certificate is not necessary to buy or sell a home, but if you don’t have it, complications may arise when contracting supplies such as electricity or water. It is absolutely necessary when you need financing and apply for a mortgage.
In general, the habitability certificate is not mandatory in the following autonomous communities: Andalusia, Aragon, Castilla-La Mancha, Castilla y León, Galicia, Madrid Community, and Basque Country.
There are also exceptions to the obligation to have the habitability certificate:
- If the property is being transferred for renovation or demolition.
- If the use of the property is different from housing.
- If it is impossible to present the habitability certificate at the time of sale, but it is done at a later time.
Implications of not having the habitability certificate
Registering a home without a habitability certificate can have several consequences, such as the following:
- Problems contracting basic services such as electricity, water, or gas.
- Problems obtaining mortgages, as financial institutions usually require the certificate. Without the habitability certificate, the property is not considered a home, and therefore the bank could grant the mortgage as if the property were a commercial or office space, offering a shorter loan term and worse economic conditions.
- Limitations to legally rent the home, since in some cases the habitability certificate is necessary to rent the property.
- Potential administrative sanctions in cases where the certificate is mandatory.
Specific regulation in the autonomous communities of Catalonia, Madrid, and Andalusia
Each autonomous community can establish its own requirements regarding the habitability certificate. Below, we highlight some examples:
Catalonia
In Catalonia, the habitability certificate is mandatory for both the sale and rental of homes. Current regulations establish that a home cannot be registered without this document, and it is necessary to register basic services. The exemption cases we have seen before apply (rehabilitation or demolition, different use than housing, or subsequent delivery after the transaction).
Madrid
In the Community of Madrid, although the habitability certificate is not required for registration, the so-called first occupation license is required for new homes. For second-hand homes, the certificate may be required for certain administrative procedures.
Andalusia
In Andalusia, the regulations are similar to those in Madrid, and the first occupation license is necessary for new constructions and the habitability certificate for used homes in some specific cases.
Procedure to obtain the habitability certificate
Obtaining the habitability certificate involves a process that varies according to the autonomous community. Generally, it includes the following steps:
- Submission of the application. An application must be submitted to the competent authority, which may be the town hall. The application must be accompanied by the following documents:
- Floor plan of the house.
- Final construction certificate (for new homes).
- Technical habitability report.
- Proof of payment of the corresponding fee.
- Conducting a technical inspection. A qualified technician must inspect the home to verify that it meets the habitability requirements established by the applicable regulations.
- Issuance of a favorable report: If the home meets all the requirements, the technician will issue a favorable report.
- Issuance of the certificate. Finally, the competent authority issues the habitability certificate.
What happens if I register the house without a habitability certificate?
Registering a home without a habitability certificate can have several legal consequences, which may vary depending on regional regulations and the specific circumstances of each case, as we will see below:
Administrative sanctions
In some autonomous communities, administrative sanctions may be imposed. These sanctions may include fines or the prohibition of using the home until the certificate is obtained.
Limitations on the use of the home
As we have seen before, if you do not have the habitability certificate, there may be problems contracting supplies, signing a mortgage, or renting the home to a third party.
Seller’s responsibility
In real estate transactions, the seller is responsible for ensuring that the home meets all legal requirements, including habitability. If the buyer purchases a home without a certificate, they can claim against the seller for the damages caused.
In short, registering a home without a habitability certificate is possible in some cases, but it can entail a series of legal and practical complications and limitations.
Therefore, check the regulations and contact a team of professional experts such as PRODDIGIA to comply with the law and avoid obstacles when registering.
