The sale of apartments is one of the Building Inspection most important economic decisions of life, so it is necessary to have all the information about the property so that in the long term you know that you have made a wise decision. In this sense, the Certificate of Technical Inspection of Buildings plays a fundamental role.
For that reason, in this article we tell you everything you need to know about it if you are going to sell or buy a house :
- What is the Building Inspection ?
- Is it mandatory in all buildings?
- Can you sell a house without Building Inspection ?
- How is it used in the sale of real estate?
- How is it done and who does it?
- Building Inspection Results
- What do you analyze?
- How much does it cost and who pays it?
- What happens if the building does not pass the Building Inspection ?
What is the Technical Inspection of Buildings or Inspection?
The Technical Inspection is an exam that must be performed periodically in all buildings. During the inspection, different elements of the property that affect their safety and the quality of life of the people who inhabit it are reviewed .
Is it mandatory that all buildings pass the Inspection ?
Yes, all buildings between 30 and 50 years old (depending on the municipality) must pass the Technical Inspection of Buildings . This includes multi-family buildings, single-family homes or any other type of construction. According to the results of the first Building Inspection , the following must be done every 3, 6 or 10 years .
Can a house be sold without the Technical Inspection?
Only if the property is obliged to pass the Building Inspection , it is mandatory that before the signature before the notary of the contract of sale the seller delivers to the buyer:
- A copy of the report of the Technical Inspection of Buildings.
- The certificate of proficiency derived from the Inspection .
However, there are exceptions:
- If the aptitude certificate cannot be obtained because the Building Inspection determines that the building has serious or very serious deficiencies that have not been resolved, the house can be sold with a copy of the report. This must be accredited with the date of presentation to the administration.
- If there are justified reasons for the seller not to obtain any of the documents, the notary will have to attest to that. In that case the buyer may exonerate the seller from delivering the Inspection.
In any case, the Building Inspection cannot invalidate a sale , although the notary must attest if the building has the necessary documents, if the certificate of fitness is provisional or if it needs restoration.
How does Building Inspection affect the sale of a house?
The first thing that is valued when buying a home is the state it is in, if it has electricity, etc. It is very important as a seller to teach the Building Inspection certificate , since:
- The buyer can use this aspect as a weapon in their favor in negotiating the final price to buy the house for less money.
- In addition, except for the exceptions mentioned above, it is a fundamental requirement to present the Building Inspection before the notary if you want to process the public deed of sale .
Without forgetting that the buyer can back down in the purchase decision because:
- To the final price of the house it would be necessary to add an extra charge to obtain the certificate of aptitude of the Inspection.
- Not having the Building Inspection can mean being sanctioned by the administration in the future.
- Banks may refuse to provide mortgage loans.
What happens if the property does not pass the ITE?
- If the report is unfavorable, you will obtain an aptitude certificate of “provisional fit” or “precautionary fit”.
- In both cases, an architect must be hired to carry out the rehabilitation works.
- Once everything is fixed, the ITE must be passed again and submitted to the official body before the deadline marked on the certificate (3 or 6 years).
- If one or more neighbors do not want to make the relevant reforms, the process can be delayed and exceed the deadlines. In this case, the inspection will end up being carried out through a court order.
Failure to meet the deadlines stipulated for such inspection may lead to serious penalties. These depend on the municipal ordinances of each municipality and in some cases can lead to fines of.
Not having the ITE of the property can also generate other consequences, whether you are a homebuyer or an owner. For example, they can deny you the mortgage or paralyze the sales process.