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Offices and shops obliged to have Technical Specification of construction of property (Ficha Técnica da Habitação ou B.I. da Propriedade)

9 January, 2017 Legislation

Technical Specification of construction of property (Ficha Técnica da Habitação ou B.I. da Propriedade) its a document issued by the Engineer, indicating all materials used on the construction of properties with Utility licence dated after March 25th of 2004 as per the law no. 68/2004. This document is also request to all properties which have undertaken any alteration/extension and a new utility licence dated after March 25th 2004 has been issued replacing the old utility licence. 

This document will become mandatory not only for houses, as now happens, but also for non-residential buildings, such as; shops or offices, among others. This is one of the main changes in a new decree that the Government is preparing and will regulate this issue.

The Technical specification File of the Property (FTI) - which will replace the current one (FTH) - will be simplified and should be attached to the energy certificate and delivered whenever the property is traded.

According to the proposal for a diploma to which this newspaper had access, the new rules will apply to all new buildings in respect of which a building permit is required, or old, which are subject to reconstruction or expansion, Alteration or conservation where the cost is more than 50% of the cost of building a new building. In all these cases it will be necessary to prepare and maintain a Technical File that is available and can be consulted by anyone interested in the property.

In respect to the houses, which already have a technical specification file, will have to be replaced by this new document - at least this is the interpretation made by the Real Estate Association (APEMIP).

This BI of the building is prepared by the Engineer as soon as it is completed - whether the initial construction is a renovation work - and has to have a descriptive summary of the main characteristics of the building, all according to the architectural projects and the various Specifications involved.

Attached to the FTI will have to be mandatory the energy certificate, and everything will have to be available to any interested parties whenever the property is for sale, so that it can have access to all information.

In fact, the law says, the information has to be made available when the property is for sale or for lease.
These documents have to be filed for 10 years and can have fines up to 45 thousand euros.

The FTI must be submited in the City Hall - within a maximum period of 15 days after completion of the works. On the other hand, the notaries or Casas prontas/property registrations departments or private departments who execute the final deeds will have to verify that the FTI exists, that was submited and that was made available to who is buying the property.

Source:Jornal Economico 09/01/2017

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