Is it possible to sign a mortgage without a certificate of occupancy?
Is it possible to apply for a mortgage without a certificate of occupancy? It is one of the questions we encounter at JLA Notarios – Notaria Barcelona when we face the purchase of a property lacking this documentation, but there are others.
What is the habitation certificate?
We are talking about an official document issued by the corresponding Administration. In it, we certify that a property meets the requirements to be considered habitable based on the regulations in force at that specific time. Therefore, the cédula de habitabilidad is the administrative document that certifies that a property can be used as a dwelling.
Types of identity card
When processing this document, we can find three different types based on the age and intervention in the property:
- First occupation: Granted to newly built homes. It is given to the developer.
- Second occupation: Given to those whose first certificate had expired (the validity ranged between 10 and 15 years, based on the construction date).
- First occupation due to rehabilitation: If you carry out a major renovation, it will be necessary to request this type.
What is it for?
The certificate of habitability allows us to sell and rent our home, but it is also necessary to register for supply contracting processes, such as telecommunications, water, electricity or gas services. Therefore, the certificate is the document that certifies that a dwelling is considered suitable for habitation and is proof that the Public Administration considers a property habitable.
Requirements for the certificate of habitability?
As it is a regional regulation, the requirements vary depending on the location of the dwelling. In addition, the year of construction also affects it. In the case of Catalonia, the main requirements are as follows:
- Usable area of at least 36 m².
- The minimum height will be 2.50 m, as a general measure.
- It must meet current energy efficiency criteria.
- The sanitary chambers must be independent.
- Bathrooms cannot be passage elements.
- It must have a kitchen unit.
- All the usable area must be practicable.
To all this, we must add a series of more technical specifications that the professional attending your dwelling must know, as well as the developer or architect in charge of the renovation.
How is it achieved?
The hiring of a technical or senior architect is necessary, who will visit your home and issue the certificate of habitability certifying that it meets the regional requirements. After the procedure, you will receive a postal mail with the certificate. This process can take about 20 days.
For more information, you can consult this other article on our blog:
Is the certificate of occupancy required to buy a house?
Registering a property deed without a certificate of occupancy is possible in several autonomous communities, such as Madrid or Aragón. Although the absence of this document means that it is not recognised as a dwelling. Therefore, you will not be able to register your address or set up utility services.
If you are going to buy a property whose certificate has expired, in Catalonia it is possible to register the deed if the seller and buyer agree without the need for a certificate, incorporating into the deed a request for a certificate to the Administration signed by an architect with technical competence. The architect must state in the certificate request that the property meets all the requirements demanded by the legislation to obtain the certificate of occupancy.
If you need to know the documents necessary to buy a property, we recommend the following article:
Is it possible to sign the mortgage without a certificate of occupancy?
This operation is not possible. You cannot apply for a mortgage without a certificate of occupancy. Although it is not mandatory, you will not be granted the mortgage, as this certificate indicates that the property is safe and legal.
If you need to know more about signing a mortgage, we recommend this reading:
I have signed the deposit contract and the house does not have a certificate of occupancy.
It is not legal to sell a property without a habitation certificate. If you have not yet signed the deposit contract, always try to obtain the habitation certificate, as the seller must provide it. In our Notary Office in Barcelona it is essential to present the habitation certificate or the certificate application report to process the deeds of sale.
When is the identity card not necessary?
There are situations in which the certificate is not necessary to sell a flat. These are exceptions and some of the most important are the following:
- If there is an intention to carry out a complete renovation of the property or to demolish it
- When the use of the property is different from that which the flat previously had
- When it is agreed to deliver the certificate of habitability after the transfer of the flat for justified reasons. In this case, it will be necessary to provide the registered application for the certificate of habitability to prove that the conditions of the property are optimal
When does it expire?
The certificate of habitability is valid for 15 years and, once this period has elapsed, it must be renewed.
The best way to avoid legal problems in the purchase and sale of a property is to go to trusted Notaries. It is important to understand all the details of the contracts to avoid surprises such as applying for a mortgage without a certificate of habitability. At JLA Notarios – Notary in Barcelona we can advise you both on mortgage deeds and on public deeds of sale so that the purchase of your future home happens smoothly. The only requirement is that you can physically come to sign at our notary office on Avenida Diagonal in Barcelona.
Contact us at our email bcn@jlanotarios.com or via the contact form on our website and resolve all your doubts!
