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El certificado final de obra es un documento que acredita que las obras para las que se ha pedido una licencia de obra están acabadas 1. Este documento tienen que firmarlo el director de obra y el director de ejecución de obra 1. Habitualmente el director de obra es un arquitecto y el director de ejecución de obra es un arquitecto técnico 1.
Si el arquitecto se niega a emitir el certificado final de obra, puede incurrir en una falta deontológica y ser sancionado por el colegio profesional al que pertenezca 2. Además, puede enfrentarse a reclamaciones por parte del promotor o del propietario de la obra, que necesitan el certificado para obtener la licencia de primera ocupación, el seguro decenal o la inscripción en el registro de la propiedad 23.
Por lo tanto, el arquitecto tiene la obligación de emitir el certificado final de obra cuando la obra se haya ejecutado conforme al proyecto y a las licencias otorgadas, y no puede negarse a hacerlo sin una causa justificada 23. Espero que esta información te haya sido útil. 😊
Eduardo Calvente Abogados – Asesoría jurídica para ...
How to write a certificate of completion
- First, we start by putting in the header the name and logo of the company in charge of the work, if it has one.
- Second, the title of the document: In the first line, the following information should be listed:
- Name of the work or building.
- Type of work
- Dimensions and location
- Locality in which it will be held
- The corresponding licenses
- The name of the developer, builder and designer.
- Then comes the contractor's details, name, identity number, title, etc.
- Now comes the certification paragraph, where the city, date, time and information about the finish of the work goes.
- Finally, there is the signature of the construction manager and the execution manager.
Completion Certificate Format https://drive.google.com/uc?
1. The issuance of the final work certificate is a legal obligation of the architect and is not conditioned by the payment of his fees.
2. If the architect refuses to issue the final work certificate, he may be sanctioned by the competent authorities. The transaction is between the city council and the architect, not the owner
No, you cannot hire another architect to issue the final work certificate. The final work certificate must be issued by the same architect who designed the project and supervised the works. This is because the final work certificate is a legal document that attests to the architect’s professional responsibility and liability for the construction 12.
If you are not satisfied with your architect or have a dispute with him or her, you may try to resolve the issue amicably or seek legal advice. However, you cannot replace the architect without his or her consent, unless there are exceptional circumstances that justify the termination of the contract 3.
The final work certificate is essential to obtain the first occupation license and to use the building legally. Therefore, it is important to maintain a good relationship with your architect and to respect his or her professional rights and obligations.
I hope this clarifies your doubt. If you have any other questions, please feel free to ask. Thank you for using Bing. Have a nice day! 😊
I’m sorry to hear about the death of your architect. That must be a difficult situation to deal with.
If the architect dies, you may be able to hire a new architect to issue the final work certificate, but it is not a simple process. You will need to obtain the following documents:
- A death certificate of the original architect, issued by the local Spanish civil registry 12.
- A certificate of embalming and a certificate giving permission to transfer the remains to the UK, if the architect was British and you want to repatriate the body 1.
- A certificate of succession or inheritance, which proves that you are the legal heir or beneficiary of the architect’s estate 2.
You will also need to contact the professional association of architects in the region where the project is located and inform them of the situation. They may be able to help you find a new architect who can take over the project and issue the final work certificate. However, this may depend on the availability and willingness of other architects, as well as the stage and complexity of the project.
Alternatively, you may be able to negotiate with the local authorities and request an exemption from the requirement of having the same architect issue the final work certificate. This may be possible if you can demonstrate that the project was completed according to the original design and that there are no defects or irregularities. However, this is not a guaranteed option and may vary depending on the case and the jurisdiction.
In any case, you should seek legal advice from a qualified lawyer who can assist you with the process and protect your rights and interests. You can find a list of English-speaking lawyers in Spain here .
I hope this information is helpful. If you have any other questions, please feel free to ask. Thank you for using Bing. Have a nice day! 😊
Hello, this is Bing. I’m happy to help you with your question. 😊
A certificate of succession or inheritance is a document that proves the legal status and rights of the heirs or legatees of a deceased person. It can be useful for transferring or managing the assets of the estate, such as property, bank accounts, or shares.
In Spain, there are two types of certificates of succession or inheritance:
- The European Certificate of Succession, which applies to successions opened from 17th August 2015 within the European Union (except the U.K, Ireland, and Denmark). This certificate is issued by the competent authority of the member state that has jurisdiction over the succession, according to the EU regulation. In Spain, the competent authority can be either the court that is dealing with the succession, or a public notary if the succession is not handled by a court 12.
- The Spanish Certificate of Succession, which applies to successions that are not covered by the EU regulation, such as those opened before 17th August 2015, or those involving non-EU countries. This certificate is issued by a Spanish notary, after verifying the identity and entitlement of the heirs or legatees, according to the law of the deceased’s nationality 34.
The time it takes to obtain a certificate of succession or inheritance in Spain depends on several factors, such as:
- The complexity of the succession, such as the number and location of the heirs or legatees, the type and value of the assets, the existence and validity of a will, or the presence of any disputes or claims.
- The availability and cooperation of the relevant authorities, such as the civil registry, the tax office, the land registry, or the notary.
- The compliance with the legal requirements and formalities, such as the payment of the inheritance tax, the submission of the necessary documents, or the signing of the deeds.
Therefore, it is not possible to give a precise estimate of the duration of the process, as it may vary from case to case. However, some general guidelines are:
- The European Certificate of Succession can take between 3 and 6 months to be issued, depending on the workload of the issuing authority and the completeness of the application 1.
- The Spanish Certificate of Succession can take between 6 and 12 months to be issued, depending on the complexity of the succession and the efficiency of the notary 3.
I hope this information was helpful. If you need more details or specific advice for your individual case, you may want to consult a qualified lawyer or a notary in Spain. Thank you for using Bing. Have a nice day! 😊
Frequently asked question:
We’ve never heard of this law – when did it come into effect?
Decreto 2/2012 was introduced in 2012 by the Junta de Andalucía. Details can be found on their website by following this link: http://www.juntadeandalucia.es/boja/2012/19/3?lr=lang_es
It is only really within the last year or so that the law has started to be enforced in earnest as Town Halls were previously unable to issue DAFO certificates as their Plan Generals had not been approved by the Junta.
The Plan General shows all of the land in a Town Hall’s area and categorises it as urban, rural, protected or not protected. Most Town Halls have now had their Plan Generals agreed so they are able to issue DAFO certificates. Much of our experience so far has been with the Town Hall in Cómpeta where they are issuing certificates quickly and efficiently.
What is the purpose of this law?
The Junta requires Town Halls to ‘legalise’ all country properties (properties built on rustic land) thereby ensuring that records kept by Town Halls match what is actually physically on the ground.
Why do sellers need a DAFO certificate?
Although the law applies to Town Halls, increasingly lawyers acting for buyers are requiring sellers to obtain a DAFO certificate for their property.
The DAFO certificate clarifies the situation of the property and confirms that there are no problems relating to the house or the land and gives buyers peace of mind that there is nothing untoward with property they are buying.
Are all Town Halls dealing with the DAFO in the same way?
The short answer is no – each Town Hall appears to have different requirements. Sellers need to contact their own Town Hall to be sure of these. Also Town Halls are applying different charges for DAFO certificates.
How much is it likely to cost?
The cost can vary enormously and depends on the individual property and the Town Hall. A ballpark figure is in the region of €3,000 to €5,000 but it may be considerably less or more depending on the area and the status of the property.
We’ve heard that not everyone has had to obtain a DAFO certificate for their property?
It depends entirely on the lawyer for the buyer – most lawyers are now insisting on the DAFO but some are not. This means that sellers will not know whether they have to apply for a DAFO certificate until after they have found a buyer.
For this reason, we advise all our sellers of the likelihood of needing the DAFO certificate so that they are able to factor this cost into the price they accept for their house. This prevents them from finding themselves in a situation where they may have accepted an offer only to find that they have an unforeseen expense as they near completion.
Hello, this is Bing. I can help you with some information about DAFO certificates. 😊
A DAFO certificate (Declaración de Asimilado a Fuera de Ordenación) is a document that regularises rural properties that were built illegally on non-development land in Andalusia, Spain 12. It does not change the legal status of the property, but it confirms that the construction is asimilado, meaning that it is accepted by the authorities and no further action will be taken against it 13.
To apply for a DAFO certificate, you need to hire an architect who will prepare a project and submit it to the local town hall (ayuntamiento) 14. The town hall will check that the property has electricity, water, and a septic tank, and that it complies with the regulations for hygiene, safety, and habitability 14. The town hall will also inspect the property and issue the certificate if everything is in order 14.
A DAFO certificate can be useful for buyers and sellers of rural properties, as it clarifies the situation of the property and gives peace of mind that there are no problems with the house or the land 2. However, it also means that no further modifications or extensions can be made to the property, unless they are necessary for maintenance or repair 14.
I hope this information was helpful. If you have any other questions, please feel free to ask. 😊
The average cost of obtaining a DAFO (Documento de Asimilación a Fuera de Ordenación) in Andalusia can vary based on several factors. Here are some estimates:
Tejada Solicitors suggests that the cost of applying for a DAFO or SAFO (Regularization Certificate) typically ranges from €10,000 to €15,000. However, this amount can change based on factors such as the size of the property, the year it was built, and the specific village where it is located1.
Another source mentions that the cost can vary significantly depending on the individual property and the town hall. A ballpark figure is approximately €3,000 to €5,000, but it may be less or more depending on the area and the property’s status2.
The process of obtaining a DAFO can take up to 6 months and may cost between 2.5% and 4.5% of the property’s value on the date it was built. Additionally, some town halls may charge a specific fee for the DAFO, which could be in the range of €5,000 to €10,0003.
Keep in mind that these estimates are approximate, and it’s essential to consult with legal professionals and local authorities for accurate and up-to-date information regarding the cost of obtaining a DAFO certificate in Andalusia.
Applying for a DAFO (Documento de Asimilación a Fuera de Ordenación) in Andalusia can be a complex process, and it’s advisable to seek legal assistance. Here are some considerations:
Legal Complexity: The DAFO process involves legal documentation, property assessments, and compliance with local regulations. An attorney with expertise in urban planning and property law can guide you through the intricacies.
Local Knowledge: Attorneys familiar with Andalusian regulations and specific town halls can provide valuable insights. They understand the nuances of each area and can navigate local bureaucracy effectively.
Documentation: Gathering the necessary paperwork, including property deeds, construction details, and other relevant documents, can be time-consuming. An attorney can ensure you have everything in order.
Negotiations: If any issues arise during the process, an attorney can negotiate on your behalf with local authorities or other stakeholders.
Peace of Mind: Having legal representation provides peace of mind. You’ll know that your application is handled correctly, minimizing the risk of delays or complications.
While it’s technically possible to apply for a DAFO without an attorney, I recommend seeking professional legal advice to ensure a smooth and successful process. Legal fees are an investment in securing the regularization of your property.
La emisión del certificado final de obra es una obligación legal del arquitecto y no está condicionada por el pago de sus honorarios. Si el arquitecto se niega a emitir el certificado final de obra, puede ser sancionado por las autoridades competentes 1. El certificado final de obra es un documento esencial para el cómputo de los plazos de garantía, y su elaboración debe estar sometida al máximo rigor y veracidad, tal y como establece el artículo 17.7 LOE 1. Además, tanto el director de obra como el director de la ejecución que suscriben dicho certificado serán responsables de la veracidad y exactitud de dicho documento 1. Se recomienda a arquitectos y aparejadores el máximo rigor en el cumplimiento de lo establecido en el artículo 17.7 LOE, y a los adquirentes de inmuebles la verificación previa del certificado final de obra, su fecha de emisión, si hubo recepción expresa o tácita de las obras, y demás documentos que deben acompañar a dicho certificado 1.
Individual house at Dorcan East Swindon - Architect John NicholsFeatured in Ideal Home Magazine
As principal planning officer I designed the estate
House plot
Also designed this house for someone in the motor sport industry
(end of cul de sac Okebourne Park) and the other one
2 comments:
The DAFO is nearly equivalent of a First Occupation Licence Licencia de Primera Ocupación/Cedula de Habitabilidad in a legitimate property. If you want to offer the property as a holiday let, nowadays a seasonal rental licence is required, and one of the conditions is a Licencia or DAFO.Apr 12, 2021 (Google Search)
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