What is a declaration of new construction?

Documenting what exists but is not recorded

Many plots have constructions, such as dwellings, barns or annexes, that appear neither in the deed nor in the Land Registry. The declaration of new construction is the notarial instrument by which the owner declares the existence of that construction so it can be incorporated into the property's documentation.

It is important to understand what it does and what it doesn't: it documents the built reality, but it is not by itself a planning legalisation, which depends on the municipal zoning and the regulations applicable to each case.

Who is involved in the process

The declaration of new construction is teamwork between several professionals:

• 01The technician: measures the construction, produces the plans and the descriptive certificate, and prepares the georeferenced graphic representation (GML) when the file requires it.
• 02The notary: authorises the deed of declaration of new construction.
• 03The Land Registry: assesses the registration of what was declared.
• 04Catastro: after the deed, the alteration is usually filed so the mapping and data reflect the construction.

What technical documentation is needed

The basis of the file is technical: measurement of the construction and the parcel, plans of the building, descriptive technical certificate and, in most cases, a GML file with the georeferenced geometry. If the construction is old, a certificate of age is usually a key piece of the file.

The exact requirements may vary by case and by the age of the work; that is why it is advisable to measure and document first, and shape the file afterwards with real data.