What is the Declaracion de Obra Nueva?

It is a Notary Deed where it is declared that a new building, or a modification of an existing one, has been built or is being built on a plot. That deed will be subsequently inscribed at the Land Registry. It is the way to formalize the Land Registry inscription of a new building or a modification to one previously inscribed.


There are two modalities: a) when the building works have already finished that is “Obra Nueva terminada” and b) when the building works are ongoing that is “Obra Nueva en construcción”. In this case, the owner will have to declare before the Notary when the works are completely finished using a certificate from the architect.


Is it Compulsory?

The “Obra Nueva” is compulsory for developers or for those wanting to sell, rent or mortgage a property.


What is the documentation required by the Notary to sign the Deed?

1.– Building License from the Town hall

That license authorizes the works according to a project prepared by a qualified technician, generally an architect. If it is an old construction that the owner wants to legalize, it is compulsory to establish the age of the construction by any of the following: Certificate from the Town hall, Certificate from the qualified technician, Notary declaration or a Catastral definition of the property. That age is relevant to see if the ten year warranty for construction is required or to check, if the building does not comply with the planning permission, if the four year period for prescription is over or not.

2.– Certificate from a Qualifies Technician (usually an Architect)

That certificate has to be issued by the architect on both the modalities: a) if the works are finished, that certificate has to asseverate that the works are finished in accordance to the project presented to obtain the Building License and b) if the works are on going, the certificate has to describe the works according to the project presented to obtain the Building License.

3.– Ten Year Warranty Insurance

The Law requires that any new residential building has to have a ten year warranty insurance to cover, mainly, structural damages. There is a exception for those cases where an owner is building a residence for himself. However, if he decides to sell that property in less than that ten year period that the required policy covers, an insurance with the same coverage has to be contracted for the remaining period.

4.– The “Book” of the building

It is a full description of the building and its functionalities that is to be given to future purchasers of the property.

5.– License of First Occupation

It is a Town Hall’s License stating that the building has been built and finished according to the project presented to obtain the Building License.

6.– Certificate of Energy Efficiency

It has to be issued by a qualified technician and gives information about the Energy Efficiency of the building. Its validity period is ten years.


Since each particular case is different, it is fully recommended that you check your own details with your lawyer.