A declaration of new construction (obra nueva) is a notarial act whereby the owner of a plot of land formally declares that they have built a building or permanent improvement on that land and wish to register it at the Land Registry (Registro de la Propiedad). This act gives legal validity to the physical existence of the construction.
What is it for?
- Regularising buildings already constructed on a plot
- Registering the new construction at the Land Registry
- Formally attesting to the existence of the building
- Complying with legal and planning requirements
What does the notary do?
- Reviews the technical and legal documentation for the property and the construction
- Drafts the public deed (escritura pública) of declaration of new construction
- Checks the building licence, the certificate of completion and the technical project
- Formally attests to the act and authorises the deed
Main features
- It may concern a completed construction or one still being built
- It applies to homes as well as commercial premises, industrial buildings, blocks, etc.
- It is based on technical reports and planning documentation
- It is required for registration at the Land Registry
Important considerations
- The municipal building licence and the architect's or surveyor's certificate of completion are required
- In some cases a georeferenced report from the Cadastre is required
- It may involve paying taxes such as stamp duty (IAJD)
- The construction must comply with current planning regulations
Legal value
A declaration of new construction formalised before a notary is a public document that allows the building to be registered at the Land Registry, guaranteeing its legal existence and making future transactions such as sales, mortgages or inheritances easier.