Declaration of Completion of a New Building: Procedure and Documentation Required Before a Notary

Once construction work on a residential apartment building has been completed, what steps must be taken to officially register its completion? How is the process carried out, what documentation is required for the Spanish Land Registry, and where should you start?

The next step is to prepare a public deed declaring the completion of the new multi-family residential building (Declaración de Obra Nueva Terminada). If the apartments and commercial premises are to be registered as separate properties, allowing them to have different owners, a horizontal property division (División Horizontal) must also be established. Both procedures can be formalised in the same notarial deed.

The declaration of completion of a new building is the legal procedure through which the property owner officially records the building constructed on their plot, including its description, floor areas, number of floors, intended uses and other characteristics. Its principal legal framework is established in Article 28 of Royal Legislative Decree 7/2015, the Spanish Mortgage Law and Law 38/1999 on Building Regulations.

Step-by-Step Procedure for Declaring the Completion of a New Building 

  • Step 1. Technical completion of construction. The architect and technical architect verify that the building work has been carried out in accordance with the approved project, any modifications and the municipal building permit. The Final Works Certificate (Certificado Final de Obra – CFO) is prepared and signed, with the corresponding professional association endorsements.

  • Step 2. Preparation of technical documentation. The Building Manual (Libro del Edificio), energy performance certificate, cadastral documentation, georeferenced coordinates of the building footprint and ten-year structural insurance, where applicable, are collected.

  • Step 3. First occupancy procedure at the Town Hall. The responsible declaration for first occupancy is submitted together with the certificates and other documentation required by the local authority. In the Valencian Community, this procedure is particularly important for subsequent registration in the Land Registry

  • Step 4. Signing before a notary. The property owner or the representative of the development company appears before a notary to execute the public deed declaring completion of the new building. The notary verifies compliance with legal requirements and reviews the documentation provided.

  • Step 5. Tax obligations and registration. The applicable tax obligations are fulfilled, and the deed is submitted to the Spanish Land Registry (Registro de la Propiedad). The registrar examines the documentation and, if everything is in order, registers the completed building.

  • Step 6. Cadastral update. The building and its floor areas are checked against the Spanish Cadastre. If the information has not been updated, the corresponding cadastral amendment is processed, generally using Form 900D or the established communication procedures.

Documentation Required to Begin the Declaration of Completion Before a Notary 

The following documentation is required for the notarial procedure, listed approximately in the chronological order in which it is obtained:

  1. Personal and ownership documentation: Title deed of the plot, identification of the owner or development company, and powers of attorney of the legal representative, where applicable.

  2. Original endorsed detailed construction project: The complete original detailed construction project endorsed by the corresponding professional association, on the basis of which the building permit was obtained.

  3. Project modifications: Any amendments made during construction, where applicable, endorsed by the relevant Architects' Association.

  4. Building permit: Municipal building permit and any modifications authorised during construction, together with the corresponding endorsed technical documentation.

  5. Updated cadastral reference: Cadastral reference number and descriptive and graphic cadastral certificate, including verification of any discrepancies.

  6. Georeferencing: Georeferenced plan and GML-format file containing the coordinates of the land area occupied by the building and confirmation that the construction is located within the registered plot.

  7. Geographic validation report (ICUC): A positive validation report confirming the geographic location of the building within the cadastral plot.

  8. Building completion acceptance certificate: Document confirming acceptance of the completed building works, signed by the developer, contractor, architect and technical architect. It establishes the formal date of acceptance of the works.

  9. Construction cost certificate: Certificate in which the architect declares the cost of executing the construction works, a value used when calculating applicable taxes and charges.

  10. Energy performance certificate: Energy performance certificate for the completed building, including its energy rating, duly registered in accordance with the applicable regulations.

  11. Acoustic certificate: Depending on the municipality, a declaration by the architect may be sufficient, or an acoustic audit certificate issued by an appropriately accredited company may be required.

  12. Architect's Final Works Certificate (CFO): Certificate signed by the architect and endorsed by the relevant professional association, certifying the completion of construction and the corresponding date.

  13. Technical Architect's Final Works Certificate (CFO): Certificate signed by the technical architect and endorsed by the relevant professional association, confirming completion of construction and the corresponding date.

  14. Ten-year structural insurance: Insurance policy and evidence that the coverage has entered into force. As a general rule, this insurance is compulsory for new multi-family residential developments.

  15. Form 900D: Proof of submission of the cadastral declaration using Form 900D.

  16. First occupancy: Evidence that the relevant first occupancy documentation has been submitted to the Town Hall, in accordance with the applicable municipal procedure.

  17. Building Manual (Libro del Edificio): Modified project, final construction documentation, instructions for use and maintenance, and all other legally required documents, prepared for filing with the Land Registry.

  18. Horizontal property division: Individual descriptions of apartments, commercial premises, parking spaces and storage rooms, including their associated areas, common elements and participation quotas, as specified in the project.

Horizontal Property Division After Completion of Construction 

For the horizontal property division, it is advisable to commission the technical team to prepare a definitive schedule of floor areas and property descriptions.

Each individual unit must be identified by floor and door number, with its floor area, boundaries and associated elements. The common areas and ownership participation quotas must also be defined, with the total quotas adding up to 100%. Community statutes may be incorporated if considered appropriate.

The practical sequence is to finalise the technical and planning documentation, prepare the horizontal property division, submit the complete file to the notary, sign the deed, process the corresponding taxes and register the property at the Land Registry. The cadastral information should then be checked and updated where necessary.

The first practical step is to request the notary's documentation checklist and provide the title deed of the plot, the building permit and the schedule of floor areas while the technical management team completes the final construction documents.

This allows the notary to review the declaration of completion and the horizontal property division together before scheduling the signing.

Declaration of Completion of a New Building in Torrevieja, Orihuela, Rojales, Alicante and Surrounding Areas 

Do you need assistance with declaring and registering a completed new building in Torrevieja, Rojales, Orihuela Costa, Guardamar del Segura, Santa Pola, Elche, Alicante, Benidorm, Finestrat, Murcia, San Pedro del Pinatar, Pilar de la Horadada, San Javier or nearby areas?

At ARCOSTEC GROUP, we have more than two decades of experience in architecture, construction and urban planning management. We provide specialist services for property owners, self-builders and real estate developers who need to execute a notarial deed declaring completion of a newly constructed property and register it with the Spanish Land Registry.

We handle the preparation and review of all necessary documentation, including the Final Works Certificate, Building Manual, energy performance certificate, georeferenced coordinates, cadastral documents and first occupancy procedures. We also coordinate with notaries and Land Registry offices to facilitate the registration of detached houses, villas, residential properties and apartment buildings.

Our services cover the Mar Menor and Costa Blanca regions, with professional assistance throughout the entire process. Our technical team provides personalised advice, document management and comprehensive support. Contact ARCOSTEC GROUP today and request a no-obligation quotation for declaring and registering your completed new building in Spain.

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