A few weeks ago, we explained the main legal guarantees and rights of every buyer in an off plan property purchase. The developer’s special account, the guarantee of amounts. The documentation that the promoter must provide before signing the contract. Etc. This week, as a continuation of that article, we analyse the handing over of the keys and the documentation to be provided by the developer.
Handing over the keys and signing of the title deeds before a Notary Public.
Once the construction of the property has concluded, buyer and developer will complete the transaction by handing over the keys and signing the title deed before a notary. When will the property be considered finished and ready to be handed over?. The private purchase contract always establishes this moment with accuracy. In general, it is understood that the property is completed and ready to be delivered when the following documents have been obtained:
– Final Works Certificate:
It must be signed by the competent technician and must be duly endorsed by the Architects’ Association. This document certifies that the work has been completed and complies with the legal requirements.
– First Occupation Licence/Responsible Declaration.
It is the administrative document that authorises the occupation of the dwelling. Its purpose is to certify that the property has been built in accordance with the project and the conditions for which the Town Hall granted the building licence.
– Deed of Division of New Construction and Horizontal Property.
This document establishes which elements are common and which are private. The way in which the dwellings are organised within the co-ownership regime. The participation quota of each owner with respect to the total of the property, etc.
In any case, it is also possible (in fact, it is highly advisable) to make the handover of the property conditional on other factors. For instance, the completion of the common elements. Swimming pool. Gym. Sports facilities, etc.
Documentation that must be required from the developer when handing over the keys.
Along with the handing over of the keys at the Notary’s office, the developer is obliged to provide the consumer with a series of documents. So that the buyer can occupy the property with all the guarantees. Among these documents, the following stand out:
– Energy efficiency certificate of the property.
– User’s manual and maintenance manual for the installation.
– Certificate of the gas installation, initial inspection, and adjustment.
– Fire safety measures for the property, as well as instructions for evacuation in the event of an emergency.
– The statutes of the community of owners.
– Guarantee of all electrical appliances, duly stamped by the manufacturers.
– Electrical and water installation reports.
– If the dwelling is a VPO (Official Subsidised Housing), the definitive certificate of qualification of the same.
– As we have previously highlighted indicated, the Occupancy Licence or Responsible Declaration.
– Etc.
Conclusions.
The handing over of the keys at the signing of the title deeds in front of the Notary is a crucial moment in any purchase. At White-Baos Lawyers we have been advising our clients for nearly 20 years and ensuring that they exercise their rights in off-plan purchases. If you are thinking of buying an off plan property in Spain, do not hesitate to contact us.
The information provided in this article is not intended to be legal advice, but merely conveys information relating to legal issues.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
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