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Declaracion de obra nueva

New Works Declaration – Declaración de Obra Nueva.

This is a process done in front of a Spanish Notary, who will prepare the deeds of the house over the pre-existing land or plot.

To make the D.O.N. for new houses, it will be necessary to obtain the Certificate of Habitation (CH) from the new Spanish Regulations of 2007 (Ley del Suelo de 2007). Before 2007, new houses could be inscribed in the land registry without the C.H.

The result of the D.O.N. will be to obtain the deeds from the house, duly described in the proper title deeds.

So, which documents will you need to complete the house in the land registry?:

  • The Building Project from your architect
  • The Building License
  • Final Works License – (CFO) Licencia o Certificado Final de Obra
  • New Building Declaration-DON (Declaración de Obra Nueva)
  • Ten Years Insurance (Seguro Decenal) – If you have finally chosen to contract this insurance. If not, you must indicate to the notary that you have not proceed in this way, in order to inform the buyers and obtain the confirmation that they agree.
  • Certificate of Habitation from the Town Hall

Then, once you have all these documents, you need to bring them to the notary. The notary will prepare the title deeds of the construction, and you will sign them. This process is called Declaración de Obra Nueva. This will declare that, over the pre-existing plot, there is now a construction, which is a house. Then, you will need to bring these documents to the Land Registry to make the proper modification of the inscription of the land, now including the house, and the house will be legally complete.

This process use to be used in the following cases:

  • To declare a new building over an existing land
  • To declare an old building over an existing land, which was never been inscribed before.
  • To declare a new extension of a construction, over an existing land. For example a room, or a new floor.
  • To declare an old extension of an existing land.
  • To declare new, or old parts, of the construction like a garage, pool, shed, porch, barbecue, parking, etc.

Expenses and taxes:

  • Notary and land registr:y fees for the sale
  • 1 % Stamp Duty over the price of the sale

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