Certificate of habitability: What is it, who gives it and how to order it?-

In this article we will tell you everything related to the certificate of occupancy, how much it costs, what it is, where it is requested.

What is the certificate of occupancy?

The certificate of occupancy is a document that proves that a home meets the minimum requirements to be inhabited.

Who gives the certificate of occupancy?

Its issuance corresponds to the municipalities and the requirements to grant it will depend on the autonomous community in which the dwelling is located, being Catalonia one of the strictest communities.

How to order the certificate of occupancy?

As we have already mentioned, processing it is necessary to get house for rent in Islamabad in case it was not previously available. Your request is quite simple and in almost all autonomous communities it can be done online.

You will need an application form, in addition to the proof of payment of the corresponding fee, a photocopy of the ID of the homeowner or authorized representative and a copy of the deed of the property or lease.

However, obtaining the certificate of occupancy will require, in addition to a visit by an authorized technician to carry out a home inspection to verify that everything is in order. Remember that the minimum habitability conditions are reflected in the Order of February 29, 1944 (BOE March 1).

Requirements for the certificate of occupancy

This Ministerial Order specifies the conditions that a dwelling must have in order to be habitable. It is a set of rules to ensure that homes are built that guarantee that the people who inhabit them have a decent home. That is why living without a certificate of habitability is outside the law.

Normally the promoters take great care to comply with these rules, since if a home does not have the mandatory identification, the rental or sale contract can be canceled.

Requirements for the certificate of occupancy:

  • The house must have at least a useful area of ​​36 m2.
  • You must have at least one room intended as a dining room or living area, in addition to a hygienic chamber and a kitchen.
  • A minimum height of 2.5 meters is established, except in bathrooms and kitchen, where this height can be 2.2 ms.
  • On the other hand, it is established that in no case the rooms of the house can be the step for other premises that are not those of the house.
    In the specific case of the bathrooms, they cannot in any case be passed to other rooms of the house.
  • The rooms of the same can be compartmentalized in the way you want, but both the kitchen and bathrooms must have a separation door with the rest of the house.
    In addition, minimum measures are established for the bedrooms and for the living area.
  • Finally, it should be noted that there are minimum conditions to ensure that the transit areas are accessible as well as that the different levels of housing are practicable.
  • As for the equipment of the house must have hot and cold water as well as evacuation of water and electricity.
  • The kitchen must have at least one sink, a cooking appliance and a mechanical fume extraction system.
  • In the case of bathrooms, they must have a sink, a toilet and a shower. The houses must also have a facility that allows washing clothes, in addition to a system that allows interacting from the access to the building of the house.

When the certificate of occupancy expires and what to do if it was never processed?

The certificate of occupancy is valid for 15 years.

In this case, an appointment must be made with an architect or technical architect. Will perform a visual inspection of the property and verify that it meets all the requirements set by law.

Next, it will prepare a habitability report that it will send to the corresponding City Council, which has 3 months to issue the habitability license.

Remember that according to the law, living without a certificate of habitability would cause the rental contract or the sale of the house could be canceled. It is very convenient therefore that we be aware of what this small role can mean in a real estate operation.

How much does the certificate of occupancy cost?

Finally, we want to inform you about the prices of the certificate of occupancy. It depends mainly on the autonomous community in which you live, but to give you an idea, the price ranges from € 90 to about € 2000.

How to know if a floor is free of charge

Together with the certificate of habitability today we want to refer to another real estate term, the charges of a home.

According to Wikipedia, Islamabad Property real estate cargo is defined in the field of law that tax imposed by law that limits the free enjoyment of a property. Therefore, it is important to always know exactly the type of loads that a property may present.

Types of charges that a property can present

Be it a home, an office or a business premises, any property (including a garage) can be associated with some type of real estate cargo.

To know them, it is enough to request a simple note in the Land Registry and they may be:

·         Mortgage Loads

It is the most common of the real estate charges that we can find. It is constituted in favor of a financial institution as a guarantee of the loan payment. Although these mortgages are normally granted for the purchase of a home, the house can also be secured for other purposes.

·         Servitude

Normally this type of real estate charges affect the land, because the rights of servitude are rights of way for people or services that limit the owner’s action. Imagine for example that we own land crossed by a road or access to some kind of public service. This right of servitude will limit the property and it is necessary that potential buyers know it.

·         Domain reservation

It is a disused figure, since today virtually nobody uses it. The seller received promissory notes from the buyer and reserved the possibility of recovering the property if those promissory notes were not made effective.

·         Census

This is another unused real estate load and involves the payment of a fixed fee to the owner for a certain time in exchange for the property. Something like “rent with the right to buy”. They can still be seen on rustic farms with testamentary provisions.

·         Marginal notes

Normally the Property Registrar can record secondary issues that affect the property.

·         Preventive annotation of attachment

Once the default procedure has been initiated, it is recorded in the Registry to avoid fraudulent insolvencies. That is to say, a person who responds with his property is declared insolvent and yet continues to own property in the Registry.

Other previous checks

Knowing the real estate charges in Islamabad, one of the previous checks that we must carry out before committing to the signing of any document, but it is not the only one. There are other checks that as interested or in our work of real estate advice to clients we must perform.

·         Property Title

Check that, in fact, the property is in the name of who is acting as the owner is the first and most important verification that we must perform.
To do this we must ask the owner to show us the title deed, usually notarized public deed.

·         Property registration

As we have already mentioned, check in the Property Registry that the property is effectively registered in the name of the one who claims to be its owner as well as that it is free of charges.

We make a point to remind our readers of a situation that real estate agents frequently encounter in their daily work. This is the case of properties in the name of several people, usually relatives or marriages. In the second case and if there has been a divorce involved, this new situation must be registered accordingly or there will be problems when it comes to selling.

·         Cadastre

It is also convenient to consult the Cadastre and verify that the ownership of the property, the surface, the location and the rest of the data are effectively reflected in the corresponding cadastral descriptive and graphic certificate.

In order to carry out this consultation, it is not necessary to be a professional and in addition many notaries have a telematic connection, so it will be a notary who performs this consultation in most cases.

·         Community fees

We have already commented on other occasions the importance of checking the status of the accounts that bind us with the community of owners. If this situation is not regularized, it must be the new owner who must pay the overdue fees.

This verification can be done through the community administrator, who must issue a certificate of being up to date with the payment.

·         Lease

If the house is leased at the time of formalizing the purchase sale, the new owner is obliged to respect the contract, as long as it is correctly registered in the corresponding Registry.

In addition, the tenant has the right to what is known as “scoring and withdrawal”, that is, by Law he has the right to acquire the home by paying the owner the same money he has agreed with the buyer.

·         Urban charges

Frequently, if the house is located in areas of recent urbanization like University Town Islamabad, there may be charges agreed with the City Council for urbanization expenses.
It is therefore appropriate to verify that these charges, which correspond to the promoter, are paid. Otherwise it will be up to the buyer to assume them.

·         Certificate of habitability and first occupancy license

As we have commented at the beginning of this entry, it is not a trivial matter to ensure that the house has all the papers in order, which includes the certificate of occupancy and, where appropriate, the first occupancy license.

·         Community Statutes

In addition, if it is a horizontal property, it is convenient to consult the statutes of the community, due to the potential restrictions of use that may exist.

·         Energy certificate

We already commented on the day the need to have the energy certificate to buy or sell a home. His obligation does not exempt anyone, and fines for lack of it can be of negligible amounts. Make sure that the home for sale or rent has the energy certificate in order.