If you have a property that was separated from another that has a use license, unfortunately you cannot use the original property’s license for your new separated property. Each property needs to have its own specific use license. See the main points to consider:
Individual Use License (or Use Title):
The use license is a document issued by the Municipal Council that attests that a certain property meets the conditions for its intended purpose, whether residential or non-residential. It is specific to each property and cannot be “transferred” or “inherited” from another. It is proof that the property was constructed or altered in compliance with current urban planning law and the approved project.
To Sell and Rent (Post-March/2024 Context):
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Legal Exemption: With recent legislative changes (Urban Simplex – DL 10/2024), the presentation of this document in transfer acts (purchase and sale deeds) and lease agreements is no longer legally mandatory for the Notary/Lawyer/Solicitor.
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Relevance for the Buyer: Despite the formal exemption, its existence is highly recommended for the buyer. The lack of the Use Title implies that the property does not have its legality fully proven and may have unlicensed works.
For Obtaining Housing Credit:
The vast majority of banking institutions continue to require the Use Title to grant the loan, as they consider that a property is only valid collateral if it is legally approved for the intended use.
Need for New License:
When a property is separated or undergoes structural alterations, it is necessary to obtain a new use license. This occurs because:
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The original license does not cover the new separated property
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The conditions of the separated property may be different from the original
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It is necessary to attest that the new property complies with all current norms and regulations
Recommended Procedure to regularize the situation of your separated property, you should:
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Request a new use license from the Municipal Council of the area where the property is located
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Undergo an inspection to check the property’s conditions
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Present the necessary documentation, which may vary according to the municipality
Importance of Regularization:
Having the appropriate use license is fundamental, as:
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It is mandatory to sell (although currently not required, it is recommended), rent, or obtain housing credit.
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It guarantees that the property is in compliance with safety and habitability norms
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It avoids future legal problems.
Remember that, although recent changes in legislation have simplified some purchase and sale processes, the use license continues to be an important document to ensure the legality and safety of the property.