“The new decree of habitability that regulates the certificate of habitability contains concepts like flexibility and sustainability, interesting from an architectural point of view, treated here: an inappropriate place , in an unproductive and self-indulgent way”
“The decree continues to maintain regulatory duplicity”
“The method of calculating the maximum occupancy of homes is finally effective”
As President Artur Mas announced at the last Construmat in front of a group of builders and developers, the habitability decree that the opposition had developed when he ruled forced the houses to have conditions that were too demanding for the accounts to come out. to the promoters, and it had to change.
Last Tuesday, October 30, Decree 141/2012 came into force, which regulates the minimum living conditions for homes and the certificate of habitability. In a first reading we can extract the following points as the most significant:
What’s new in terms of general conditions:
– For pre-existing buildings, the conditions are defined according to the year of construction (before or after 1984). Rehabilitation actions may be exempt from meeting the specific conditions for each type of intervention if the council in charge of granting the license deems it appropriate, this size will increase real estate activity in pre-existing buildings (possibly the only way to develop this activity) as many adaptation actions were limited or made impossible by the living conditions defined by the regulations.
– The calculation of occupancy is done through the capacity of each room and not as was done with the previous decree with the total usable area. This is a coherent point since in the previous decree absurd casuistry could be given.
– Municipalities may request employment data in case of suspicions of over-employment detected when reviewing registrations.
– The deadline for notifying the granting or refusal of the certificate of habitability remains the same: 30 working days from receipt.
Particular conditions for new homes:
– Concepts such as flexibility or sustainability are retained, but, as in the previous decree only, as a self-compliant measure since, logically, it is not specified how we must quantify these criteria to meet certain minimum requirements. Another example of the incomprehensible delight of lawmakers in overlapping and duplicating regulations.
– The accessibility code 135/1995 is avoided with the argument that the elevator can be stopped if the forecast for the space for its installation is maintained or if, in the buildings of two homes, the scale is dimensioned to 1.20 wide.
– The minimum area of the house is reduced from 40 to 36 square meters.
– The clear height between the pavement and the ceiling must be 2.50. In exceptional cases, in rooms and rooms, a reduction in the useful height to 2.30 m will be allowed. And here without grandiloquent words if you take a step back in the flexibility of housing as it eliminates the 2.70 between slabs of the previous decree. Developers will save a few euros on buildings that may or may not affect the final price of the home.
-The heights and requirements of the railings are redefined, as if the CTE DB SUA did not exist
– Regarding the conditions of the rooms. Small rooms get a little smaller.
Particular conditions for pre-existing dwellings, built prior to August 11, 1984:
– Conditions do not vary substantially, only the calculation of housing occupancy.
For dwellings built after 11 August 1984, the first transitional provision, point 3, shall apply:
– The decree in force on the date of obtaining the building permit must be complied with by any means of proof permitted by law for the first grant of the certificate.
– In the case of renewals of certificate , compliance with the requirements required at the time of issuance of the first certificate of habitability must be certified. It can also be granted if the requirements for newly built housing are met.
Conditions for housing resulting from rehabilitation interventions or major rehabilitation of an existing building:
– Different classifications are defined with the corresponding requirements depending on the degree and type of intervention.
As
President Artur Mas announced at the last Construmat in front of a group of builders and developers, the decree of habitability that had been developed by the opposition when he ruled forced the houses to have too demanding conditions for the developers to be held accountable , and had to be changed.
Last Tuesday, October 30, Decree 141/2012 came into force, which regulates the minimum living conditions for homes and the certificate of habitability. In a first reading we can extract the following points as the most significant:
What’s new in terms of general conditions:
– For pre-existing buildings, the conditions are defined according to the year of construction (before or after 1984). Rehabilitation actions may be exempt from meeting the specific conditions for this type of intervention if the council in charge of granting the license deems it appropriate, this size may increase real estate activity in pre-existing buildings as many actions of adequacy were limited or made impossible by the living conditions defined by the regulations.
– The calculation of occupancy is done through the capacity of each room and not as was done with the previous decree with the total usable area.
– Municipalities may request employment data in case of suspicions of over-employment detected when reviewing registrations.
– The deadline for notifying the granting or refusal of the certificate of habitability remains the same: 30 working days from receipt.
Particular conditions for new homes:
– Concepts such as flexibility or sustainability are retained, but, as in the previous decree only, as a self-compliant measure since, logically, it is not specified how we must quantify these criteria to meet certain minimum requirements. Another example of the incomprehensible delight of lawmakers in overlapping and duplicating regulations.
– The accessibility code 135/1995 is avoided with the argument that the elevator can be stopped if the forecast for the space for its installation is maintained or if, in the buildings of two homes, the scale is dimensioned to 1.20 wide.
– The minimum area of the house is reduced from 40 to 36 square meters.
– The clear height between the pavement and the ceiling must be 2.50. In exceptional cases, in rooms and rooms, a reduction in the useful height to 2.30 m will be allowed. And here without grandiloquent words if you take a step back in the flexibility of housing as it eliminates the 2.70 between slabs of the previous decree. Developers will save a few euros on buildings that may or may not affect the final price of the home.
– The heights and requirements of the railings are redefined, as if the CTE DB SUA did not exist
– Regarding the conditions of the rooms. Small rooms get a little smaller.
Particular conditions for pre-existing dwellings, built prior to August 11, 1984:
– Conditions do not vary substantially, only the calculation of housing occupancy.
For dwellings built after 11 August 1984, the first transitional provision, point 3, shall apply:
– The decree in force on the date of obtaining the building permit must be complied with by any means of proof permitted by law for the first grant of the certificate.
– In the case of renewal of a certificate, compliance with the requirements required at the time of issuance of the first certificate of habitability must be certified. It can also be granted if the requirements for newly built housing are met.
Conditions for housing resulting from rehabilitation interventions or major rehabilitation of an existing building:
– Different classifications are defined with the corresponding requirements depending on the degree and type of intervention.
