When we buy a property, we usually want to know the condition of the building in which it is located. The technical inspection of buildings (ITE in Spain) helps us to know if it complies with safety, habitability and urban planning standards.

Properties over 45 years old must pass the ITE every 10 years. Once inspected: The architect makes a certificate that he sends to the autonomous community with its verdict.

If the house has problems, the severity should be assessed as well as the repair costs.

We can find cases in which it is not possible to pass the ITE, but these are very specific cases.

When you put a house up for sale, the first thing the buyer will appreciate is the condition of the house. In addition, the seller must present to the buyer information such as: the energy certification and the result of the technical inspection of the building. To give us an idea, it's like the technical inspection of a car, but for buildings.

What happens if the ITE is not validated?

If the seller of the property has not fulfilled his obligation to transmit the document to the Comunidad, this may result in a fine of up to 6,000 euros according to communal ordinances.

If you buy the property with this fine, you will have to pay the debt. The fact of not having passed the ITE can also have other consequences such as the refusal of the mortgage or the stopping of the sales process.

Can the property be sold without an ITE?

The regulations in this case specify the following:

• The persons selling the property must hand over to the purchasers: a copy of the report of the technical inspection carried out and the certificate of aptitude.
• Sellers must hand over in any case a copy of the technical building inspection report with the certification of the date of presentation to the administration.

Even if the certificate of aptitude was obtained through positive administrative silence (no response). Or that it could not be obtained, because according to the technical inspection report, serious or very serious deficiencies were observed and the repair measures were not taken.

In the event that the person selling the house cannot have the certificate of aptitude and the technical report of the building for reasons that must be duly justified before the notary who authorizes the transfer.

The purchaser may exempt the transferor from ** the obligation to deliver these documents in the act of transmission.

Notaries and registrars must declare these obligations and record, where appropriate, the exemption in the acts of transmission. In this case, the transfer of housing is subject to the obligations determined by the housing regulations in force.

Therefore, if there is agreement between the buyer and the seller on this point, the ITE exemption cannot invalidate the sale. However, let us not forget, it could be subject to administrative control a posteriori. In addition, mortgage transactions may well not be accepted.

Do you want to buy an apartment or a house in Valencia? Do not hesitate to contact us. We will answer all your questions about the administrative and legal particularities of the Spanish real estate market.

Nos experts sont là pour vous répondre ! 📆

Prendre rendez-vous