Before going into what a Certificate of no urban infraction is, it is necessary to explain that an urban infraction is, in general, a violation, fault or non-compliance with the regulations established by urban planning. There are many particularities about these infractions which are also classified according to their seriousness and, in some cases, can lead to the demolition of what has been built illegally. In Marbella, where most of the main infractions come from the time of the GIL corruption, the most common are excess of edificability, construction on plots not classified for residential use, and not respecting the public domains, among others.
But without going into more details of what an urban infraction is, what is the Certificate of no urban infraction?
Actually it is a certificate in which the City Council certifies that a certain property does not have an open file of discipline, or infraction, for urban planning. This does not mean that the property complies with the town-planning legality but that the corresponding Town Hall has not initiated any file of urban planning discipline against it.
If it does not guarantee the legality of the property, why is this certificate of no urban infraction requested in the purchase and sale of real estate?
In practice it is requested as verification that the property to be bought does not have a disciplinary file already opened and to avoid surprises after the purchase. Although this document is not obligatory for the purchase nor is it required by the Notaries at the time of signing the deed of sale, it is an additional guarantee that the property is free of problems.
** Given that each case is different and being this text just a simple touch on the issue, we recommend consulting your lawyer regarding the contents of this article.