Property without a certificate of occupancy: what to do? How to regularize it?

Discover how to legalize a property without a certificate of occupancy, avoid fines, and ensure the appreciation of your property legally and safely.

The Habite-se (Habitation Permit) is an essential document for properties, as it certifies that the construction was completed in accordance with regulations and is suitable for use . However, many properties lack this certification, which can lead to various problems, such as difficulties in sales, financing, and even the risk of demolition.

If you own a property without a Habite-se (Habitation Certificate) , see below what the problems are, the steps to regularize the situation and how to avoid future complications.

What is the occupancy permit?

The Habite-se (or “Completion Certificate”) is a document issued by the local city hall that proves that the construction of a property followed all municipal, state and federal regulations, including safety, accessibility and zoning rules .

Without this document, the property is considered irregular , which can lead to legal and financial consequences.

What are the problems with a property without a certificate of occupancy?

Owning a property without a Habitation Certificate can bring several difficulties, such as:

1. Impossibility of sale through financing: Banks and financial institutions normally require a Habite-se (Habitation Permit) to grant real estate credit .
2. Fines and legal sanctions: The owner may be fined by the city council for maintaining an illegal property .
3. Risk of demolition: In extreme cases, the city council may order the demolition of the building.
4. Difficulty obtaining essential services: Some utilities may deny water, electricity, and sewage services without the document.
5. Problems with property registration: Without the Habite-se (Habitation Permit), the construction may not be recognized by the property registry office , making it difficult to sell or transfer ownership.

How to regularize a property without a certificate of occupancy?

If your property doesn't have a Habite-se (Occupancy Permit), it's essential to begin the regularization process . The process may vary depending on the municipality's regulations, but generally, the steps are as follows:

Hire an engineer or architect

A qualified professional must be hired to evaluate the construction and verify that it meets city and Fire Department standards.

Gather documentation

• Property deed ;
• Plan approved by the city council (or prepare a project based on the existing work);
• Technical Responsibility Notes (ART) or Technical Responsibility Record (RRT) of the responsible professional;
• Proof of payment of municipal fees.

Request regularization at city hall

1. With the documents in hand, the request must be filed with the city hall so that the regularization can be analyzed.
2. In some cases, you may have to pay fines for building without permission.

Adapt the property to standards

If the construction does not comply with municipal requirements, renovations and adjustments may be necessary, such as:

1. Regularize setbacks and distances;
1. Ensure accessibility and fire safety;
2. Adjust structure, electrical and hydraulics.

City Hall inspection

After the request, a city inspector will inspect the property to verify that it meets all requirements.

Issuance of occupancy permit

If everything is correct, the Habite-se will be issued, allowing the property to be officially recognized.

Regularization of old properties

For older properties without a Habite-se (Habitation Permit), some municipalities offer amnesty programs that facilitate regularization. In these cases, it may be possible to regularize the building with less bureaucracy and lower costs.

It is important to check with your city's Urban Planning Department to see if there is a current program.

How to avoid problems with the occupancy permit?

• Before purchasing a property, check whether it has a Habite-se (Occupancy Permit) at the registry office and at the city hall.
• Always build with an approved project and technical support to avoid future problems.
• If you purchase a property without a Habite-se (Habitation Certificate), plan for regularization to avoid fines and difficulties in selling.

Owning a property without a Habite-se (Habitation Permit) can cause many problems, but regularization is possible by following the correct procedures. Hiring a specialized professional and gathering the necessary documentation are the first steps to avoid headaches.

If you find yourself in this situation, consult your city hall and start the regularization process as soon as possible!