The most important thing when buying real estates is checking the contract and double-checking all the laws concerning it.
CÉDULA DE HABITABILIDAD
The most important thing when buying real estates is checking the contract and double-checking all the laws concerning it. They are long checklists which deal with trivial points, such as the building licence, the entry in the land register and is paying the tax on land and buildings.
This little concern for this inconsiderable small piece of paper, which is the certificate of habitability (Cédula de habitabilidad). Some people actually think, that this document is only important after the building has been finished. This is utterly wrong which might be a result of people not being able to even pronounce it in the local language.
The “Cédula” is a document, which will be filled in by the islands Council (Departamento de Territorio del Consell de Mallorca) to guarantee, that an estates meets the basic requirements concerning size, cable connections and sanitaria installations, to actually live in it. Therefore the “Cédula” is a government instrument, which is needed to have water, electricity, gas and telephone cables installed.
But what is it good for, when – at the point of buying the property – all the name things are already installed? To understand, you need to know that the “Cédula” is only valid for 10 years and will need refreshing after that period of time. Correspondingly there are three types of this document: the first one as initial document (Cédula de primera ocupación), the type which is given on refreshment (Cédula de renovación) and the clearance certificate for states, which were built before March 1st, 1987 (Cédula de carencia).
1. CÉDULA DE PRIMERA OCUPACIÓN
This one is needed, after building is finished for the first time, rooms have been added or changed, or there is a change in use. In this case, that needs to be a certificate of owning the property, together with pictures and plans all signed by the architects, including the land register data. Furthermore, you need the building licence and documents, saying that building the house has actually finished (certificado final de obra) this is certificated by the architect and the local authority. Be careful to not must take it for the “licencia de primera ocupación” which is filled them by the local authority (Ayuntamiento) after the approval of the estate.
2. CÉDULA DE RENOVACIÓN
Every 10 years you need to apply for this refreshing document, again you have choose bring the documents of ownership, a current photo of the house, dated and signed by the architect, furthermore the location plan of the estate with the land register document and lastly a statement by the architect confirming the habitability. This makes the “Cédula de renovación” this helps local authorities, to track which buildings are still worth to live in, but especially somebody changed to building without permission.
3. CÉDULA DE CARENCIA
This clearance certificate can only be applied for, if the building in question was built before March 1, 1987. In this case documents of the session and pictures are needed besides a plan of location. The difference to virtue other documents is, that it’s enough, to bring the “certificado de situación urbanistica” which shows that the building has been finished before March 1, 1987. This also make sure, that there was no trial due to violation of construction laws and they were no changes made at the building after March 1, 1987.
You can easily see, that it’s highly important to refresh the expiring “Cédula” if you plan on selling. An informed buyer will always insist to see a legally valid “Cédula”.