Upon completion of a real estate project, it is essential to submit the Final Construction Certificate verifying compliance with regulations. To ensure you meet all requirements, you need to understand what the certificate entails and who is required to sign it.
Avoid setbacks in your damage limitation periods and other procedures that depend on the date of issuance of the final certificate. The Building Regulation Act, which regulates warranty periods for damage, uses that certificate as the starting point for calculating its validity; therefore, it is essential that you pay attention to its details.
What is the Final Construction Certificate?
This is a set of documents with which those involved in the construction contract, that is, the project managers, formalize its completion. They must record that the provisions established under the Building Permit granted by the corresponding city council have been complied with.
It must be signed by the architect in charge of managing the work and by the technician in charge of execution. This will guarantee the validity of the information provided, which must contain:
- Technical documentation regarding its development and best construction practices, certifying that the quality and quantity standards established for the project have been met.
- Supplementary technical documentation that provides instructions for the use and maintenance of the facilities.
- Description of changes or modifications made during the construction phase, provided they are consistent with the conditions set forth in the initial permit.
- Checks and results obtained during implementation.
This document may not be signed by an architect, engineer, or technician other than the one who carried out the work; otherwise, it will be invalid. General regulations are subject to the laws of each local municipality, so it is essential that you check the requirements in your area.
What does it take to achieve that?
This certificate must be requested from the city hall that issued the building permit once the project is completed. According to the Higher Council of Architects' Associations of Spain, the following are the requirements for submitting it:
- Building and Orders Book.
- Final construction drawings, including modifications.
- Signature of the directors, authorized by the professional association.
- Proof of payment of the applicable property tax, as determined by the city council based on the type of construction work.
To ensure that there are no issues with its approval, it is important to submit it within the timeframe specified in the construction permit. The relevant documentation, along with the directors’ approvals, must be compiled and submitted to the city hall.
What consequences might result from failing to comply with this request?
Failure to comply with or misrepresentation regarding any of the points listed above may result in penalties for the project managers. By signing this certificate, they assume full responsibility for compliance with the regulations governing the construction project.
Furthermore, if any incident occurs during the intended use of the property within the warranty period, the warranty may be voided if inconsistencies are found in the documentation. The same applies if there is no certificate of completion.
It is imperative that you have adequate legal advice before submitting the requested documentation. The security of your investment depends on its proper issuance once it begins to be used for the purpose for which it was built.
Any discrepancies with the original plans or errors in the documentation will result in penalties for those responsible and will always be resolved in favor of the end buyers. If you would like legal advice regarding your construction project, please feel free to contact the law firm of Carlos Baño León.
