Can I sell my apartment with an unfavorable ITE?

What documentation should be prepared when selling an apartment, what are the essential procedures, and what if the result of the ITE is unfavorable? There are several questions that arise when selling a property.

In previous articles we have already addressed some of these issues, but today we focus on another aspect to be taken into account in order to achieve a successful transaction: the Technical Building Inspection.

What is the Technical Building Inspection?

It is a report that evaluates whether the construction of the building where the home is located complies with safety regulations. It corroborates that the building satisfies the regulations related to:

• Safety.
• Accessibility.
• Sustainability.

Who is in charge of elaborating the ITE?

A professional. Specifically, an architect with experience in the matter.

In Catalonia, the architect must be registered with the Architects’ Association (COAC) or the Council of Official Associations of Quantity Surveyors and Technical Architects (CCOOAATC).

Once the report has been completed, the architect will present it to the administrative authority responsible for issuing the building’s certificate of aptitude. In the case of Catalonia, this entity is the Department of Housing of the Generalitat.

The result can be:

• Suitable without deficiencies: if the building does not show any problems, the inspection will be considered “suitable” and will be valid for 10 years.

• Provisionally apt: when the building shows significant deficiencies that do not endanger the stability of the building or the safety of people, but affect the health and functionality.

The inspection will be valid for 6 years, requiring revisions every 2 years.

• Caution: if the block exhibits deficiencies qualified as serious or very serious that represent an imminent risk to the stability of the building and/or the safety of persons, the report will be completely denied.

Is the inspection mandatory?

The answer is yes, provided that the property is more than 45 years old. Otherwise, it is not considered necessary.

In general, the inspection must be performed periodically – every ten years – under the condition that the report indicates “suitable without deficiencies”. To determine if the ITE needs to be updated, the easiest way is to go to the Town Hall corresponding to the location of the property.

Para determinar si es necesario actualizar la ITE, la forma más sencilla es acudir al Ayuntamiento correspondiente a la ubicación del inmueble.

Can an apartment with an unfavorable ITE be sold?

In the case of selling a home without a favorable ITE, the owner may face various consequences, such as penalties of up to 6,000 euros or the denial of mortgage approval by the financial institution.

Although not ideal, it may not be possible to provide the necessary documents for the inspection. If this happens, both parties may be able to reach an agreement to waive the need for them, which would allow the sale to proceed.

Of course, it would be necessary to inform the buyer about the state of the property and make sure that he/she agrees to buy it under these conditions, formalizing an agreement before a notary.

Sell now your apartment with KM2 Real Estate Services

In KM2 Real Estate Services we are specialists in the commercialization of properties in the best areas of Barcelona and Madrid.

Would you like to get an idea of the selling price of your property? We invite you to discover its current value for free and in less than two minutes with our online property valuator.

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