The license for primary settlement: what is it and what does it matter when buying a property

Spain has its own laws and the procedure for putting housing into operation. Since 1979, there is a duty to register all new construction sites in the state register as a completed and habitable people. The buyer of the apartment or house before the transaction must check the availability of LPO, and if it does not, get it in the local municipality.

What is LPZ

The license for primary residence in Spanish sounds like Licencia de Primera Ocupacion and is a mandatory document for the owner of the property. It is issued by inspection organizations after inspection and verification of compliance with all the items:

  • planning;
  • compliance with technical and fire safety;
  • Convenience for use;
  • Compliance with government building regulations.

The developer after the completion of construction works receives this certificate and provides it to the first buyer. Upon further sale, the seller transfers it to the next owners, which is indicated by the residence permit for living space. Without an APL, nobody cancels the ownership, but to live in the house and use it without having a certificate of verification and surrender is not allowed to people. Routine is designed to monitor construction and ensure the resettlement of the country's population in appropriate conditions.

The license for primary settlement: what is it and what does it matter when buying a property

Buildings until 1979 and after

Until the 80s of the last century, LPO did not issue, then another system of checking the suitability of living space for use was in force. People who want to purchase a room from the old fund, when licensing under the current legislation has not yet been approved, will not receive it from the seller. At the same time, the contract of sale will include the name and surname and data about the owner, it will be entered in the Register of Property and the transaction is considered legal. In order to have a legal basis for using the area, it is necessary to get a paper from the local authorities, providing a package of documents. If the area has already been resold and the permission was obtained earlier, you should pay attention to the date of issue - the update is required every 10 years. The primary market sells the living space in an approved form and obligatorily provides a certificate for settlement. The same is with commercial real estate. To begin the implementation of any type of activity in the purchased premises, you should go through the procedure for obtaining an opinion on commissioning, even if the construction was many years ago.

Why LPO for foreign citizens and investors?

Our compatriots, like most foreigners, are considering buying a villa or apartment in Spain from profitable investments. Personal use brings pleasure, but most of the year the apartments are idle and need to pay taxes and fees. Leasing gives a good income, which is what the owners use.

Since 2016 in Andalusia, the registration of housing has been introduced, intended for tourist use, that is, for rent. Landlords are now registered with the administration and are registered for tax purposes. At the same time among all other documentation proving ownership of property, you need to show the LLP as proof of its suitability for living. If the owner does not have a certificate - he goes to receive it, and then he registers.

Holders of written opinion are allowed to draw up maintenance contracts - connection of water, gas, power lines. Without it, engineering networks will not turn on, and it will be impossible to live in your own apartment with comfort.

In addition to the possibility of leasing, the certificate is also useful for obtaining a mortgage loan, without it the bank also will not give consent to refinance or pledge. The tourist certificate is also issued for a certain period of time, after which the documentation should be returned and confirmed compliance with all the norms of the law.

The license for primary settlement: what is it and what does it matter when buying a property

Documents that will be required to obtain permission

In the process of purchasing apartments from the secondary market, one must apply to the mayor's office, providing such papers (in each district the list may differ):

  • property rights;
  • Architectural plan;
  • a cadastral statement;
  • contracts on public services (on water, light, gas) of previous users, their paid bills.

It is better to collect securities with the seller in order to speed up the process, he can make a request for his name before selling. To ensure compliance with all the subtleties of the law, the presence of a lawyer is desirable. You will also need the service of an interpreter, since all extracts and agreements will be in Spanish. For the peace of mind of a buyer, it is better to transfer the deal to specialists with a power of attorney or to personally attend them to monitor the progress of all stages.