# Habitation Licence



## trent1

Hi everyone this is my first post so please be gentle with me....

I have searched the forum and read other posts on this subject but none quite answer my specific question, which is

What is needed exactly to obtain a habitation licence?

I am looking at buying a newly built house which is finished with the exception of kitchen, bathroom fittings light fittings and boiler the house is plumbed and wired but not connected to the mains yet. also the pool and garden are not finished.

The reason I ask is I like the house and have the money to buy it but would have no money left to complete it and would not be able to get any sort of mortgage to complete it until it has a habitation licence.

So I am interested in finding out what would be the exact minimum requirement to get the habitation licence, the agent and my solicitor should also be getting me this info for me but I thought i may get a quicker answer on here.

any help and advise much appreciated, Thanks


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## canoeman

As your not having it built for yourself then it's the builders responsibility.

THe Habitation Licence is granted once all work completed, except landscaping all necessary tests and inspections have been carried out and passed, the Ficha Technica de Habitação & Livro de Obra are signed off all fees paid, the Camara will then supply the Licença de Habitação, then electricity & water can be officially connected.

Personally if I was buying a newly built property then I wouldn't complete purchase until it was granted. I would ensure that it is clearly stated in Promissory Contract that until Licença granted I would not complete and any (small) deposit I paid, would be refunded in full if completion and Licence wasn't by a reasonable date.
It's not an unreasonable demand and gives you a bit of safeguard, if they didn't agree then I'd be asking more questions and would probably reconsider buying.

When you say it doesn't have kitchen, bathroom fittings light fittings and boiler the norm here is that these are included within a price, e.g kitchen to a value of ??, bathroom fittings to a value ?? etc, you then select the actual ones you want and pay difference, if theses are not included in some way then it's a negotiating tool to purchase
As a boiler is not included either, this is the time to consider, you also don't mention heating, again norm is that house would be plumbed for radiators which aren't generally included in price *and yes you do need* supplementary heating and unless on mains gas don't have a bottled gas fired C/H system without very deep pockets you won't be able to afford running it. 

As you say you'll need a mortgage to complete are you certain you'd get a mortgage? loans are still difficult to get

Plenty of property on the market


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## trent1

the situation with the house is that the developers went bust, they built four houses two which have been sold and are being lived in the other two are in control of the bank/administrator.

I am quite certain i could get a mortgage as i am prepared to pay around 75% deposit (which would leave me with funds for taxes fees and to finish the house) and my financial situation is thankfully stable, but I know I can not get a mortgage on a property with no habitation licence so am exploring the options.

My question is what exactly needs to be completed for the habitation licence, as I read elsewhere it it is possible to get the licence without a kitchen ect. fitted and the licence is more based on the building matching the plans and building regulations is this the case?


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## canoeman

Shame you didn't include that information as it dramatically alters situation.

If property is owned by a bank then you're more likely to get a mortgage but as you know you can't get a mortgage without the Licence then you'll probably need 100% of agreed purchase price + Escritura,taxes, registration + the money reguired to finish property to stage reguired to get Licence unless the bank/administrator is prepared to do some sort of deal.

Yes it's the building "matching" project minor alterations can be made but plans must be updated + all necessary tests completed and passed + the the Ficha Technica de Habitação & Livro de Obra that you'll need from builder or bank/administrator, pretty sure you can get away without the kitchen and pool but don't think you can without bathrooms.
As a basic
there should have been stage inspections
Tests required 
Water, drainage, Gas, telephone & Electricity all require tests and certificates each cost
Acoustic test done & certified
Energy Certificate

Going forward I'd suggest that what you really need is an independent expert advising you on the house as completed to date, it's bookwork and what is outstanding in relation to tests and what would be required to get it to Licence otherwise it's how long is a piece of string


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## Domicilium

It actually depends on the local camera, some dont really go inside the house when you ask for a vistoria and sometimes even dont send the fiscal there. You still need the acustic and Certidao Energetica and its still possible but you'll definetly get a lower classification without solar panels and all other fittings. If the house is controled by the bank you can talk to them and they'll give you a loan easily so you can finished the house.


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## canoeman

Sorry but never heard of a lower classification for a Habitation Licence you've either ticked all the boxes or not

It's not up to Camara it's National Law, some might not physically make a final visit but if you do not have all the correct paperwork, complied to project and completed all reguired tests and certification you won't get a Habitation Licence.

In my area and 2 neighbouring Camaras 2 of which are relatively laid back regarding permissions, none of them will pass any type of "project" i.e. something that requires planning permission without all correct paperwork submitted and a final inspection


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## Domicilium

Lower classification is regarding the certidao energetica as I mentioned on my post, I have submitted habitation licences for Albufeira camera and they sent the fiscal there but dont go inside, and in Silves camera usually they dont even send any fiscal there.


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## trent1

Domicilium said:


> Lower classification is regarding the certidao energetica as I mentioned on my post, I have submitted habitation licences for Albufeira camera and they sent the fiscal there but dont go inside, and in Silves camera usually they dont even send any fiscal there.


The house is in the Lagoa area,

does the house have to be connected to mains electric and water/drainage to get the licence?

does anyone know if the bank that owns the property is likely to loan against it in this type of situation? (it will be our second/ holiday home if it makes a difference?)

as I said before my solicitor and the agent are exploring all the options but it is always good to get feedback from other people who have maybe been in any similar situation

Cheers


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## canoeman

Domicilium said:


> Lower classification is regarding the certidao energetica as I mentioned on my post, I have submitted habitation licences for Albufeira camera and they sent the fiscal there but dont go inside, and in Silves camera usually they dont even send any fiscal there.


Sorry but you hadn't made it clear that the lower classification only related to Energy Certificate not to the Habitation Licence.

Fiscal is separate to Habitation Licence and is Financas calculating tax value of property for Imposto Selo and IMI 

Electricity and water are generally temporary "Working connections" until Licence granted and officially connected to services 

"does anyone know if the bank that owns the property is likely to loan against it in this type of situation? (it will be our second/ holiday home if it makes a difference?)"

I would doubt it, they might give you a *personal loan* so you could purchase property and then complete necessary work to get Habitation Licence and then possibly Mortgage to you to repay loan but it's a big risk and extra expense to you, unless you can really tie down what's reguired, cost and timescale.

I hope the property is really that good or substantially below a realistic selling that more than covers the expense and problems you might well encounter.

Have you spoken to the Engineers department of Lagos Camara? their input would be useful in helping you make a decision, also the people who are in other 2 properties who presumably would have had dealings with builder

Don't take what the agent says at face value or the Solicitor if he's a recommendation of agent or bank/administrator


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## Domicilium

ops, pardon me: Fiscal is the guy from the camera that goes to your property to check that everything like the approved project.

Actually you do need the habitation licence to get connected to the eletricity mains as while under construction you could have used a generator. The water you can have a pump and the drainage you can have a septic tank. If you are not connected to the mains yet then most probably you cant be connected to the mains and will indeed need a pump and septic tank but ask your neigbours whats their situation.

If the house is now owened by the bank its possible and easy to get a 100% loan to buy the whole property, if you have a regular income of course, but you better ask the bank yourself as you are going to buy the house to the bank its up to them to take care of all the paperwork to make the deeds but be aware that you can buy the house still under construction without a habitation licence so make sure you refer this to the bank manager.


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## trent1

The occupied houses have mains water and electricity

I am of the understanding that the bank wish to sell the house as it it is know.... not fully completed

to be honest we are still waiting on the exact situation from the bank (its only been a little over a month LOL), but as understood / have been told else where that no bank will give a normal house buying mortgage on a house without the licence and also a construction mortgage would only be available to residents

I guess I will have to wait on the solicitor (who is nothing to do with agent/bank/builder) or the agent to come back with some solid answers before we decide on our next move


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