What is a Certificate of No Infraction?
It is a certification issued by the local Town Hall of the area confirming that the property has not any fines for the property construction, nor demolition orders, etc.
Why is important this document?.
As you may notice, is essential to know what’s the consideration of the property in the Town Hall for construction purposes.
The Town Hall uses to inspect the way in which the building was built, checking if it was constructed with the proper licenses, and permits. If they detect that the building was built without to fulfil the proper legal way, they will open a case, which could end in a fine for the illegal construction (usually, the builder), and an order to demolish whatever it is built without the proper license.
This information is free (usually paying a small tax to the Town Hall from 50-200 EUR depending on the area), and will confirm if the main building of the house, or any of its extension (a new room, a new floor, a terrace covered, etc) is fined by the Town Hall, and if it is any order to demolish the main house, or any of its extensions.
Depending on the area, the local Town Halls use to take 1-2 months to issue this document, but, it is not necessary to confirm how important is for a secure sale.
Is this necessary to be applied also in urban properties?
Urban properties, as well as rustic ones, can be extended. For example:
– A balcony or terrace which is closed without the proper permission.
– An outdoor kitchen, barbecue, or toilette.
– A pool, or small pool.
– A room, or toilette in the solarium.
– A garage in the underneath.
Sometimes, these extensions or modifications are not allowed, and owners build them anyway. In these cases, if detected by the Town Hall in a determinate period of time (usually more than 4 years), can be fined and asked to be demolished.
In other occasions these extensions are allowed by the local authorities, but the proper permit has not been applied, so the works are considered as illegal till the proper license is obtained.
Is this certification common to be applied in Spanish conveyance?
We have to say that asking for a Certificate of No Infraction in urban properties is not really common in lawyers of the area. They do not pay attention on this, and, then, their clients they are in a high risk when buying properties without checking if there are any fines pending on their properties.
If local Town Hall is not visited, there are not any guaranties about the legal situation of the constructions in the property. And there could be cases in which the owners can suffer the payments of fines for works done by previous owners, and, even worse, demolishing the house, or part of their houses, due to demolition orders pending on the properties a the time of the sale.
TLACORP lawyers always apply for this certification. As to obtain this certification needs some time (1-2 months), it delays the normal process of the transaction. It creates stress in the parts involved int he sale (like agents and vendors), asking and claiming why they have to wait so long to obtain this document. But, at the end, clients with the proper, and the right, documentations, buy with security and safely their properties in Spain.
ASK TO YOUR LAWYER TO GET THIS CERTIFICATION IN ORDER TO PROTECT YOUR POSITION.
ASK FOR A SAFE SALE!