Responsible declaration of second occupation. Common problems. Legal advice

In this article, we want to speak about the responsible declaration of second occupation, and the habitual problems, that the vendors and buyers are finding with the Town Halls.

What is the responsible declaration of first and second occupation?

The responsible declaration of second occupation is an authorisation that accredits that a specific property complies with the conditions of habitability required by the regulations.

There are declarations of first and second occupancy.

The responsible declarations of first occupation are requested for newly constructed properties. Also in existing properties, provided that works have been carried out that involve an essential modification or whenever the use of the property is changed, and it is destined for use as a dwelling.

The responsible declarations of second occupation will be requested for properties. that have been occupied for the first time and more than 10 years have passed since they were obtained. They will also have to be applied for every time a transfer of ownership takes place, such as in the case of a purchase and sale, which is the most common case.

Regulation of the responsible declaration of second occupation in the Valencian Community

The responsible declaration of second occupation is regulated by Decree 12/2021, of 22 January, related to the responsible declaration for the first and following occupation of properties; except in those municipalities that have issued an ordinance regulating this procedure.

Documentation to be provided in the application for the responsible declaration of second occupation.

According to the above decree, the only documentation that must be provided when requesting a declaration of second occupation is the following:

– Identification details of the person making the declaration (DNI, Passport or NIE).

– Certification issued by a competent technician confirming that the building or, where applicable, the part of the building susceptible to individualised use, complies with the conditions that led to the granting of the first or previous occupancy permit for which the application is being made.

Local councils also usually ask for, in addition:

– Receipt of the previous IBI (local taxes) paid

– Proof of payment of the local fees associated to the application.

– Cadastral record of the property

– Documentation accrediting ownership: nota simple, title deeds, purchase contract, etc.

Common problems with the Town Councils when applying for the responsible declaration

The problems we find, in many Town Halls, is that they ask the person requesting the responsible declaration of second occupation, for much more documentation than, according to our criteria, they could request according to the regulations.

By this we mean that sometimes our clients have been asked by the Town Hall to provide them with  a declaration of new construction justifying the modification of the property. Or validation of the modification of the meters of the property in the land registry, or catastro. In other cases, connect the property to the sewage or change the septic tank. Or, submit a legalization project for an old extension that it is not compulsory to do, etc.

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In our opinion, on many occasions the Town Halls over demand with documentation, more than what they should request for the procedure of obtaining the responsible declaration of second occupation. This has many negative consequences for the people who apply for it, and on many occasions delays the purchase and sale of properties for these reasons.  And could also have effects in the resolution or termination of purchase contracts.

Conclusions

In view of the above, we believe that the Town Halls, are confusing the terms and procedures.

The occupation or habitable condition of a property implies compliance with the standards of habitability and design that must be met in order for it to be used as a dwelling. Therefore, it does not make sense, in our opinion, for the Administration to demand information that is not intended to justify this habitability. 

Contact us.

The information provided in this article is not intended to be legal advice, but merely conveys information relating to legal matters.

Carlos Baos (Lawyer)

White & Baos.

Tel: +34 966 426 185

E-mail: info@white-baos.com

White & Baos 2022 – All Rights Reserved.

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