Buying a property is one of the most important decisions in anyone’s life. Beyond considering factors such as price, location, or condition, there is a crucial element that often doesn’t get the attention it deserves: the legal compliance of the property. Many buyers are unaware of whether the property they are purchasing meets urban planning regulations, which can lead to serious legal and financial issues. One of the best ways to ensure a property is free of complications is to request an urban planning certificate to check for any sanctioning files or urban planning violations.
In this article, we’ll discuss the importance of this document and why it’s crucial to verify if any urban planning violations exist before acquiring a property.
What is an Urban Planning Certificate?
An urban planning certificate is an official document issued by the local government that confirms the urban planning status of a property. This report includes essential information about whether the property complies with current regulations and whether there are any urban planning penalties. Simply put, it allows the buyer to know whether the property was constructed according to local laws or if it has issues with urban planning.
This certificate is especially important if the property has recent modifications or extensions, as unauthorized or illegal works can result in penalties that affect the future owner. Additionally, the certificate may provide information on the existence of potential demolition orders, which could threaten the property’s stability.
The risks of not requesting it
- Illegal works and financial penalties: One of the biggest risks of not requesting this certificate is that the property may have unauthorized constructions. Illegal modifications, such as undeclared extensions, may be penalized by local authorities. In extreme cases, demolition of these works could be required, which would result in both time and money lost for the new owner.
- Habitability issues: If the property was built in an area not intended for residential use, such as a flood zone, or if it doesn’t meet the construction standards set by the municipality, the buyer may face habitability problems. For example, a room built without proper ventilation. In such cases, registering the works and obtaining utilities like water and electricity may be impossible. You must be prepared to even receive a town hall notification declaring the property illegal and demolishing it.
- Hidden legal flaws: Much like physical hidden defects, hidden legal flaws, such as urban planning violations, are issues that the seller may not disclose to the buyer. The urban planning certificate helps prevent these unpleasant surprises by verifying if there are any irregularities before the purchase. Otherwise, the buyer could be forced to pay fines or even modify the property to meet regulations, resulting in unexpected additional expenses.
- Devaluation of the property: The presence of urban planning violations can negatively affect the property’s value. Even if the illegal construction is not demolished, penalties and lack of regularization can reduce interest from future buyers or investors. In this regard, a property with urban planning issues may be more difficult to sell or rent, affecting the return on investment.
When should you request the Urban Planning Certificate?
It’s advisable to request the urban planning certificate before signing the purchase agreement. Although this step is not mandatory for formalizing the purchase, it is a crucial tool for making informed decisions and protecting both the investment and the legal security of the buyer. If this document is not requested, the buyer risks facing legal issues that could have been avoided.
In some cases, the seller might provide the certificate, but it is always wise for the buyer to request it from the seller to ensure the property is free of urban planning issues. Additionally, it’s important to remember that the urban planning certificate isn’t the only document that can reveal property irregularities; it’s also useful to request other related documents, such as the land registry certificate (nota simple), which certifies charges, or cadastral reports (certificado catastral).
The process of obtaining the Certificate
The process for obtaining the urban planning certificate varies by municipality, but generally, the seller must request it from the corresponding local government. The response time can range from a few weeks to several months, depending on the complexity of the information required and the workload of the local authorities. The costs are relatively low, making this procedure a minimal investment compared to the potential legal and financial risks of proceeding without it.
Conclusion
Given that buying a home is a significant and expensive transaction, it’s essential to ensure the property is legally compliant. The urban planning certificate not only confirms whether the property meets local regulations but also protects the buyer from future legal complications, penalties, and additional costs. Taking the step to obtain this certificate is a smart way to avoid long-term issues, ensuring that your investment is secure.
Whether you are considering buying a home or preparing your property for sale, consulting a lawyer specializing in urban law can be an excellent way to gain additional advice and ensure everything is in order. For more info you can contact our legal department: jm@abacoadvisers.com
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