The process of selling, renting or buying a property in tajresidencia involves many demands that may sound new to anyone who is going through it for the first time. One of the precautions that requires extra attention, for example, is to make sure that the property has the Habite-se!
Although this is an essential document during the process of building a property, it is important that a buyer is always attentive to its regularization before the city hall, since, once acquired, the responsibility for verification and payment of fines lies with to this new tenant. In addition, the process that includes the issuance of Habite-se is required in other adverse situations other than the purchase and sale of a permanent space.
But don’t worry if you don’t know the meaning of the term: Habite-se is a document that, although important, can often go unnoticed even by buyers or sellers who have gone through the real estate process before. Precisely for this reason, we have organized this article so that you can better understand how this certificate is issued, what is its importance and who is responsible for issuing it, among other relevant aspects.
First of all: what is Habite-se
It is useless to understand the issue of Habite-se without knowing its purpose, isn’t it? So, first of all, it is important that you understand the purpose of this documentation – and the good news is that this concept is actually quite simple!
When we talk about Habite-se we are saying of a certificate that, when issued by the city hall where your property is located, attests that that house, building (whether residential or commercial), or even space in general, is able to be inhabited individually (in the case of residences) or collectively (as in offices or event spaces). In other words, basically the Habite-se is a document that confirms that that particular property was built or renovated in accordance with the laws and the Construction Code of that specific municipality.
But why is Habite-se so important?
But more than just understanding what it is about, it is important that you understand why this documentation is so important. This will help you not only value your broadcast but also help you understand how, when, and why it happens – which is what we will discuss later!
The first reason that makes Habite-se a super important tool in the process of buying or selling a property is the fact that it guarantees the safety of those who will use that space! After all, as we will see in a step further, part of the procedure for issuing this document is the visit of the fire brigade to the site.
But, in addition to this, there are other justifications, of a more legal scope, behind the relevance of obtaining the habite-se certificate. We will discover them next!
Regularity in the city hall
Without this document in hand, it is no longer possible for a condominium to be established in that enterprise, in addition to this lack also preventing the individualization of registration before the registry office and even the delivery of keys. Another point is that the existence of this certificate guarantees that that property was built in compliance with the laws for the use and occupation of urban land and firefighting, for example.
In other words: without getting used to it, you are in an irregular situation in the city hall and, therefore, you are subject to fines.
And here it is important to note: even if you are renting or buying an apartment, in case the property does not have the dwelling, it is you, and not the seller and / or previous resident, who is in charge of regularizing this situation and paying for it the costs of the fine. Therefore, always pay attention when purchasing or renting a new space or residence!
Possibility of financing
Another important point, especially for those who have the dream of home ownership is that, if you are irregular in the city hall due to the lack of Habite-se, it is not possible to obtain a concession for bank financing.
With the various credit line and installment opportunities offered by financial institutions, today real estate financing is a more common practice than it seems and has helped many Brazilians. If you have not yet considered this possibility or if you want to know more about how it works, here in this article you will find out all about the process!
Habite-se also guarantees the valuation of your property! Since, without this document, the next owner would have to bear the costs of regularization, this situation opens you up to the possibility of a counter-proposal in the value of the house or apartment, below the value you intended.
In other words, it is much more difficult to be able to sell your property if it is not regularized at the city hall.
How to issue the Habite-se
When is it issued and who has this duty?
An important point to remember is that the Habite-se must be issued not only when there is the construction of a property, but also when they are undergoing major renovations. After all, as this is a document that attests to the security of that space, when there are reforms in the construction structure, a new inspection of professionals there is necessary in that environment.
In both cases, even before the work is started, it is the responsibility of the construction company to deliver the project to the city hall. In addition to serving as a document for approval of the construction, this project will be responsible for certifying that the property was built as previously agreed, during the inspection.
Still other circumstances that demand the need for an inspection include:
- Cases in which there is a change in occupation or use of space (residential houses that become spaces for events open to the public, for example);
- Situations in which there is an expansion of the built area;
- Buildings in areas at risk (stilt buildings after a period of gross climate change, for example);
- Cases of provisional constructions (such as circuses, events, etc.).
When and how does the property inspection take place?
During this survey, the electrical and hydraulic parts of the property, the floor and the ceilings, the painting and the cladding and the doors and windows, for example, are evaluated. All of this information will be made available in the so-called Inspection Report, from which the release of Habite-se will be approved (or not).
The responsibility for this inspection lies with the city hall, which indicates the body in charge of designing the Report. Two other important ones involved in the process are an engineer or a civil engineer and the Fire Department, who help to define whether that property was built or renovated following the laws of the municipality and the Construction Code and inform about its safety against possible fires.
In addition, it is important that, during the survey, the following documents are presented:
- Standard requirement;
- proof of payment of the inspection fee;
- Execution ART;
- DMAE release;
- indication of the area of each economy;
- indication of the areas of common use built;
- NBR 12721 – QII;
- PCCI license (in case of fire prevention);
- elevator installation communication;
- RT statement (Art 5º Dec 14994/05).
Another point that is important to highlight is the fact that it takes about 15 days for the process and the issuance of the Habite-se. From the validation of the space, immediate housing becomes possible!
It is worth remembering that just because an apartment or house has water, electricity and telephone bills when you buy it, these aspects, alone, do not guarantee that the property is properly regularized at the city hall. Another point of attention is that even not even the collection of IPTU can be used as proof that the Habite-se was granted to that property. So, in order not to take any risks, always make sure that your future venture does, in fact, have the necessary certificate!
A tip is to ask the construction company, even before signing the contract, the registration number of that particular property. This is because, with this registration in hand, you can access the documentation of that apartment or that house directly at the city hall and, thus, you can check its regularity regarding the Habite-se.