Document of ownership Proof, Issued by the Courts if there is no Escritua for a property and Notary’s registration.


If you are the owner and for any cause have not the ownership of the property or plot, or you cannot register it in the Land Register for any cause, you will have to take one of these procedures. Once you have a judicial sentence in your favour, you will be able to inscribe the ownership of your rights in the Land Registry.
Should your property be bigger than it is really registered (exceso de cabida = excess of area), or if you wish to inscribe your legal right but find that the last owner had not registered his ownership, you will have to initiate an Acta de Notoriedad’ and with a notary you will be able to register correctly the real area of your property, or inscribe correctly your rights.
BUILDING LICENCE
To realise any kind of building or change in your property it is necessary to apply for the necessary licence in your town hail. Included are the building of a new floor, amplification, modification of the inside and out side, and the provisional building works, even the terrace closure and balconies, so any construction to be realised in your property is related to the previous application of a building licence.
Your town hall will check the project and will authorize or deny arguing the reasons if so. There are two kind of Licences, the major and the minor, which are works of less importance and technical difficulty and do not affect the structure, outside design and
The building security. Generally most of the town halls (ayuntamientos) do not require a municipal licence, but just a simple previous communication.
If you begin the building work without asking for the necessary licence, and if the works have not been finished, the town hall can agree the suspension of the works that are being realised without permit or that do not comply with the terms. Once the works have been suspended, a fixed-term will be given to apply for a building licence, or to comply with the licence given by the town hall, being able even to order the demolition of the realised building works. But if the works are already finished and it is then when the town hall discovers that there was no licence or that the building works did not comply with the permit, they can order the demolition if possible, but we understand this as a restrictive measure, and generally they fine with a serious administrative sanction.
PLANNING CERTIFICATE (CEDULA URBAN)
The cédula urbanIstica is a document issued by the town hail that ensures the construction’s legality. It will refer to the building licence, the accepted project, and if so, to the first use.
If it concerns the purchase of a property of first transmission, you have to certify the urban legality as this is fundamental and absolutely necessary.
Nevertheless, there is another alternative procedure be side the cédula urbanIstica. It is the consultation made to the town hall about the building legality. Here they have to reply in writing, granting that the construction of the property has been realised according to the conditions stated in the project approved by the town hall. They are obliged to answer this consultation.
HABITATION CERTIFICATE AND FIRST OCCUPANCY
CERTIFICATE
The cedula de habitabilidad and the licencia de primera ocupación, are meant to confirm that the building does meet all the required habitation conditions and that it has complied with all the requirements of the technical project that has been previously authorized in the building licence. This certificate is issued in the name of the property owner, and from that moment the building and the property are officially habitable.
When the cedula de ha bitabilidad is applied, the Annual real estate tax (IBI, Impuestos sobre Bienes Inmuebles) payment certificate has to be shown, certificates from the water, electricity and gas companies, a collective antenna, and any document where the ownership of the property is stated. Therefore when we obtain the cedula from the Administration, the building complies with all the minimum requirements, includes a future control of the works by the Administration to verify that all the requirements have been met.