Renovation & construction
Documents After a Renovation: What to Hand the Apartment Buyer
After a renovation the buyer gets three groups of papers: required for the deal, proving the works were lawful, and technical ones with warranties. What the law requires and what builds trust.
After a renovation the buyer is given three groups of documents. The first is needed for the deal itself: the energy efficiency certificate and a statement of debts to the community. The second proves that the works were lawful: a permit or comunicat (notification to the council) and, where there was a project, a handover record and the certificado final de obra. The third group is technical and warranty papers. Which of these the law directly requires depends on the type of works and on whether the renovation falls under the LOE.
Which documents are needed for the deal in any case
These are not renovation papers, but after a renovation they often go out of date or appear for the first time, so they are checked first.
| Document | What it confirms | Where the details are |
|---|---|---|
| Energy efficiency certificate | The building's letter; a copy of the registered certificate is attached to the contract (art. 17.2 RD 390/2021) | Energy certificate and price |
| Cédula de habitabilidad | That the housing meets the requirements for occupation | Cédula |
| Nota simple | The owner and encumbrances | Nota simple |
| Statement of debts to the community | That the apartment carries no arrears on common expenses; the procedure for Catalonia is clarified by an abogado | Debts to the community |
If the renovation changed the state of the building (windows, insulation, systems), the certificate is issued again after the works. Details are in the article on the energy certificate, linked in the table.
What proves the works were lawful
The buyer and his abogado (lawyer) want to see that the works were carried out with the necessary permission. Which regime applies is determined by the type of works, from a comunicat to a licence, see three levels of approval and llicència d'obres (works licence). The folder holds the document on the regime (the Ajuntament's decision or a confirmed notification), the receipt for payment of fees and, if the works were formally closed, the document on that.
If the works went ahead under a project, LOE documents are added (Ley 38/1999). The acta de recepción (handover record) is accompanied by the certificado final de obra, signed by the director de obra and the director de ejecución (art. 6.2). Then the director de obra gives the promotor the project with the approved changes, and the set (the handover record, the list of participants, instructions for use and maintenance) makes up the Libro del Edificio (building book) and is intended for the building's end users (art. 7). Who these specialists are is covered in the article on technical supervision.
There is a non-obvious detail here. Under art. 9.1 LOE, a promotor is any person who decides, organises and finances works, including for later sale. So an investor who ordered a renovation in order to sell the apartment falls under the definition. And under art. 9.2.e the promotor must hand the buyer the documentation of the works carried out "in the relevant cases" (en su caso). Whether this applies to your renovation without a project, I cannot determine: that is a question for an abogado.
Warranties and liability periods
Under art. 17.1 LOE, the liability of those involved in construction runs from the date of handover: ten years for structural defects, three years for defects affecting the conditions of habitabilidad, one year for finishing defects. A claim under this liability lapses two years after the damage arises (art. 18). The seguro decenal (ten-year structural insurance) is mandatory by law for residential buildings when they are built; when it is needed in a renovation is covered in the article on the seguro decenal. For an ordinary apartment renovation without a project, whether the LOE applies remains an open question, and an abogado checks it.
How to assemble the buyer's folder
- The decision on the regime of works or the confirmed notification, and the receipts for fees.
- The project and changes, if the works went ahead under a project.
- The acta de recepción and certificado final de obra, if there were any.
- The boletín eléctrico (electrical installation certificate) and other installation certificates, see the article on changing the holder of utility contracts.
- The energy efficiency certificate after the works.
- Instructions and warranties for installed appliances and windows.
The contractor's budgets and invoices are usually not handed to the buyer: they show your cost basis, and I found no requirement in the LOE to hand them over. If the buyer asks for them as a condition of the deal, the decision is made together with an abogado. How to keep payment documents in order is described in the article on payment control.
Worked example: what a missing paper costs
A worked example, not a forecast. An apartment is sold for 500,000 € (an assumption). A week before the notary it turns out that there is no certificado final de obra or no current certificate. Issuing it takes two months (an assumption), and the holding costs of an empty apartment are 1,800 € a month (an assumption; for the components see costs of a vacant property). The buyer asks for a 1% discount for the risk.
The calculation: 2 × 1,800 = 3,600 € of holding costs plus 1% of 500,000 € = 5,000 € of discount. In total 8,600 €, although getting the paper done in advance would have cost noticeably less. Put your own figures into the deal analysis.
When the folder will not help
A folder will not correct work carried out without the necessary permit or not according to the project: then the buyer gets the risk described in the article on illegal alterations. It does not replace an inspection of the property by a technician. And it is not needed at this scale if you sell the property "as is" for a full renovation by the buyer: there the main things remain the nota simple, debts and encumbrances.
To build the papers and timing into the project's economics, use the investor calculator: the cost of paperwork is a separate line there.
Questions and answers
Must the seller give the buyer documents about the renovation?
The law does not directly require all of them. The deal needs the energy efficiency certificate (art. 17.2 RD 390/2021); for debts to the community the procedure for Catalonia is clarified by an abogado. The promotor hands the buyer the documentation of the works carried out "in the relevant cases" (art. 9.2.e LOE); whether this applies to your renovation is checked by an abogado.
What is the Libro del Edificio?
It is a set of documentation under the LOE: the handover record, the list of participants, instructions for use and maintenance of the building. It is intended for the building's end users (art. 7).
Should the contractor's invoices be given to the buyer?
I found no requirement to hand them over in the LOE. The invoices show your cost basis, so they are usually not handed over, but the decision depends on the terms of the deal.
How long does liability for a renovation last?
Under the LOE, ten, three and one years from handover depending on the type of defect. A claim lapses two years after the damage. Whether this applies to a renovation without a project is checked by an abogado.
