When a property owner decides to put their property up for sale, they do so in the hope of soon finding a buyer who will pay the asking price. However, it is important for the seller to understand from the outset that they must also assume a number of responsibilities to ensure that the sale can be completed smoothly .
In fact, by law, there are a number of documents that the seller of a new home so that the future owner can enjoy it. And since it’s not always easy to identify them, today at CULMIA we want to discuss them in detail to simplify a process that’s often complex enough as it is. So keep reading to make sure you have them ready if you ever need them!
What documents must the seller of a new home provide?
National ID/Tax ID or residence card (required)
For the sale to take place, both parties must present valid identification documents. If the seller is an individual, they must present their National Identity Card (DNI), residence card, or passport; whereas if the seller is a company (which is common in the case of new construction), the Tax Identification Number (CIF) will be required.
Deed (optional)
It is highly recommended that, before selling a home, we prove that we are its rightful owners. Consequently, one of the documents that must be presented in a transaction of this type is the title deed or deed of ownership. This is mainly because, although it is not illegal to sell a property without a title deed or registration, buyers typically request it to avoid future risks and ensure the reliability of the transfer.
Certificate of Habitability (required in some autonomous communities)
Among the documents that the seller of a new home must provide is the certificate of occupancy. This certificate confirms that the property is suitable for habitation and use as a residence, and its validity period varies depending on the Autonomous Community where the property is located (it is usually between 5 and 15 years). Therefore, it usually contains information about the address and location of the home, its usable floor area, the rooms and spaces that make up the property, the maximum occupancy limit, etc.
Keep in mind that, since this is a new home, you’ll need to apply for a first-occupancy certificate of occupancy, which is specific to newly constructed properties. In fact, these properties require a first-occupancy permit, which the city council must have previously issued to the developer; this document can sometimes serve as the certificate of occupancy.
In addition, it is important to note one key distinction: the certificate of occupancy is mandatory only in Asturias, Cantabria, Catalonia, La Rioja, Navarre, Murcia, the Balearic Islands, the Valencian Community, and Extremadura. And even then, the requirements vary; for example, in Asturias, it is not required if the property being sold is a new home.
Building Log (optional)
This is a standard document for newly constructed homes, as it contains the complete record of the building’s history of technical, legal, and administrative issues. Consequently, it provides information on the use of the building’s spaces, whether any renovation, repair, or refurbishment work has been carried out, whether the homeowners’ association’s obligations are being met, and the status of services and utilities.
The building logbook can be requested at city hall, although before doing so, it is a good idea to check with the president of the homeowners’ association, since they usually have a copy.
Property floor plans (optional)
Keep in mind that the more information the seller provides, the better the chances are that a potential buyer will be interested. And presenting the home’s floor plans is usually a good selling point, because they are highly descriptive documents that are generally well-regarded: they show the layout of the spaces, specify the materials used, and so on. Not surprisingly, they cover both visual aspects (the floor plan itself) and writtendocumentation (project description, specifications, and budget) related to the construction of the new home.
Brief note (optional)
It is not among the documents that the seller of a new home is required to provide, although the buyer is likely to request it. Specifically, the property abstract is a report issued by the Land Registry that details who the current owner of the property is, its size and layout, whether it is free of encumbrances, and its adjacent properties, among other aspects.
Property Tax Receipt (required)
The Property Tax (IBI) is a tax that all owners of a home, commercial property, garage, or rural/urban property must pay as of January 1. It is an autonomous community tax, so the rates vary depending on the city where the property is located. Its importance as a document lies in the fact that it allows the buyer to confirm that the property is current on its payments.
Energy Efficiency Certificate (required)
This document specifies the property’s energy consumption and CO2 emissions under normal conditions. It is issued by a certified technician after inspecting the facilities; therefore, in the case of new construction projects, it is typically issued by the project management team.
Building Inspection Certificate (required for older buildings)
The Technical Building Inspection (ITE) is a mandatory procedure that all older buildings must undergo. It allows for the inspection of aspects such as the building’s foundation and structure, the condition of its facades and utility systems, the state of its roofs and rooftop areas, and the maintenance of its accessibility features. Typically, an initial inspection must be conducted after the building reaches 45–50 years of age, and every decade thereafter, although each Autonomous Community is responsible for regulating the specific requirements.
In any case, when the home is new, it is understood that it will not be necessary to submit the ITE, because the building will be newly constructed.
Certificates and invoices for installations (required)
The buyer should also be aware of the condition of the property’s utility services. In other words, you must provide them with the installation certificates for drinking water and electricity, as well as the gas installation certificate if the building has gas lines. And, if possible, you should also provide the corresponding bills for all of these services so that the buyer can confirm that all required payments are up to date.
Certificate of No Outstanding Debts to the Community (required)
This document confirms that the property is current on all payments owed to the homeowners’ association. It is required to finalize the sale and must be requested from the administrator or secretary of the homeowners’ association.
Community Bylaws (optional)
If the property is not a single-family home, it is advisable to help the future owner adjust to the homeowners’ association. Therefore, the documents that the seller of a new home must provide should include all relevant information about the property. This includes the homeowners’ association bylaws and information regarding the most recent meetings, if the association has already been established—since the home is yet to be occupied.
Deposit or Reservation Agreement (if any)
If there is a contract in place prior to the actual sale of the home, it must also be presented to the notary who will certify the transaction. This document specifies the terms under which the property was reserved and the transaction was agreed upon, as well as the amount the buyer paid as a down payment.
Power of Attorney (optional)
If the seller is unable to be present at the notary’s office at the time the sales contract is signed, they must provide a power of attorney authorizing another person to act on their behalf.
The notary will advise you on the documents you need to submit if you’re selling a home
These are all the documents that the seller of a new home must provide. However, if you have any specific questions, don’t hesitate to consult an administrative agency or the notary who will handle the transaction, as they can offer you personalized advice.
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