WHAT HABITABILITY REGULATIONS MUST APPLY FOR THE CEDULA?
In Barcelona, Lleida, Tarragona and Gerona, the main regulation that regulates habitability and the only one that regulates the habitability certificate is the Habitability Decree.
It must be taken into account that a home must comply with the habitability regulations that were in force when it was created. Legislators have considered that a home should at least retain the original habitability parameters.
This should be taken into account when the home is inspected to grant the certificate of occupancy: you must consider the historical list of decrees and know on what date the home was created (also making a responsible declaration of age ) to know which Decree corresponds to him.
WHAT LIVING REGULATIONS ARE THERE?
There are Habitability Decrees in Catalonia in force since August 1984, therefore, if the house is from before, none of the decrees of the history can be applied to it. For these cases, the current decree D. 141/2012 reserves some specifications in Annex 2.
There are also habitability regulations in the metropolitan area of Barcelona, the OME Metropolitan Building Ordinances , these are applicable if the house was created after 1976 (which is when the PGM came into force, General Metropolitan Plan). However, this regulation does not regulate the habitability certificate and is municipal.
WHAT ARE THE HABITABILITY DECREES?
Below we make a list of the regulations that have existed, we detail their validity and their main characteristics.
Decree 346/1983
This decree was effective from 02/01/1984 to 04/17/1996. Level B of habitability is defined for newly created homes.
Decree 274/1995
This decree has a short validity since it was subject to modifications by Decree 314/1996 the year following its publication. Its validity includes the period from 04/18/1996 to 09/23/1996. The housing requirements are defined in Annex 1 for newly created dwellings and in Annex 1 and 2 for officially protected housing.
Decree 314/1996
This decree was created to make substantial modifications to the previous decree. Its validity is from 09/24/1996 to 02/16/1999. As in the previous decree, the housing requirements for the granting of the certificate are structured in annexes 1 and 2.
Decree 28/1999
This decree is effective in the period between 02/16/1999 and 12/29/2003. It is made up of, among others, the annex / section 1 and 2 to define the requirements for newly created homes and the annex / section 1, 2 and 3 to define the requirements for officially protected housing.
Decree 259/2003
It is valid during this period of time: 12/30/2003 and 10/08/2009. Annex 1 regulates new housing and Annex 1 and 2 regulates the conditions of officially protected housing.
Decree 55/2009
This decree was effective from 10/09/2009 to 11/02/2012, new homes had to comply with what is specified in Annex 1
Decree 141/2012
This decree is in force from 11/03/2012 to the present (date of writing of this article 01/09/2020). It consists of different types of requirements detailed in each of the annexes:
- Annex 1 for first-occupancy dwellings (new dwellings)
- Annex 2 for pre-existing dwellings prior to 1984 (these dwellings are the ones that existed before the first habitability decree)
- Annex 3 for public endowment housing
- Annex 4 for first occupancy certificates in case of interventions and renovation works or renovations. A sort of grading of demands is established based on a classification of the type of intervention (groups “A” to “J”)
How is the age of a home credited for the ID?
You have to know when the house was created to know which decree we have to consider. So we understand that it is very important to prove seniority, since the Department of Habitatge can require us to prove that seniority with official documents. The documents accepted by the Department of Habitatge are widely specified in this article < / a>. Broadly speaking, these documents are: deeds, building permits, endorsed end-of-work certificates, plans endorsed from project of execution, cadastre certificate, etc.
