In short. The certificado final de obra (the completion certificate) records that the works are finished and conform to the design and the permit. It is signed by two technicians: the architect directing the works (director de obra) and the aparejador, or arquitecto técnico, directing the execution (director de la ejecución). One document, two signatures, and Law 38/1999 on Building Regulation (Ley de Ordenación de la Edificación, LOE) obliges both: neither can be left out. Its visado colegial is still compulsory — the professional body’s stamp certifying that whoever signed is registered, insured and entitled to sign — although the general requirement was abolished in 2010.
And one point almost everybody gets wrong: it does not start the warranty periods of ten, three and one year. Those start with the acta de recepción, the handover record.
Where it is regulated, exactly
Worth stating precisely, because it is often miscited: the LOE has no article devoted to the certificado final de obra. It mentions it, and makes it compulsory, in scattered places.
| Rule | Article | What it says |
|---|---|---|
| Law 38/1999 (LOE) | 6.2 | Attached to the acta de recepción, signed by both directors |
| Law 38/1999 | 6.4 | Completion of the works is evidenced in the certificate |
| Law 38/1999 | 12.3.e | Duty of the director de obra to sign it |
| Law 38/1999 | 13.2.e | Duty of the director de la ejecución to sign it |
| Building Code (Código Técnico) | Annex II.3 | Contents of the certificate and its two annexes |
| Order of 28 January 1972 | 1 and 2 | Standard form and visados |
What each of them certifies
Director de la ejecución
Certifies “having directed the material execution of the works and controlled, quantitatively and qualitatively, the construction and the quality of what has been built in accordance with the design, the technical documentation developing it and the rules of good building practice”.
The site side: materials, workmanship and testing.
Director de obra
Certifies “that the building has been carried out under his direction, in conformity with the design that was the subject of the permit and the technical documentation supplementing it, and that it is ready for its proper use in accordance with the instructions for use and maintenance”.
The design side: that the house as built matches the permit.
And it must be accompanied by two annexes (annex II.3.3 of the Building Code): the description of the changes introduced during the works, with the developer’s agreement and stating that they are compatible with the permit, and the list of controls carried out during execution and their results. A certificate without its two annexes cannot be given a visado.
The visado: compulsory, but one body is enough
Architects and arquitectos técnicos have separate colegios. Royal Decree 1000/2010 abolished the compulsory visado colegial as a general rule and reduced it to a closed list. The certificado final de obra is on that list, in article 2.b, and the duty extends to works that require a design under the LOE. A single detached house is residential use, it requires a design, and so its completion certificate is given a visado. No qualifications.
One body is enough. Article 5.1 says that in completion certificates the principal subject matter covers the direction of the works and the direction of the execution, “so that the visado of one professional body competent in either of those matters will suffice”. The successive double visado that the Order of 1972 required — first the aparejadores, then the architects — has been superseded. COAM and COAATM, the two Madrid bodies, share one form.
The confusion that causes most trouble
A great many pages say that the LOE warranty periods begin with the certificado final de obra. They do not, and the difference can be weeks or months.
| Certificado final de obra | Acta de recepción | |
|---|---|---|
| Nature | A technical document | A legal act of delivery and acceptance |
| Who signs | Architect and aparejador | Developer and builder |
| What it does | Evidences completion | The builder delivers and the developer accepts |
| Visado | Compulsory | Not given a visado |
| Effect in time | Fixes the date of completion | Starts the running of the warranty periods |
Article 6.5 of the LOE is literal: the count begins “from the date on which the acta de recepción is signed”. And article 17.1 counts the ten, three and one year “from the date of reception of the works, without reservations, or from the making good of those reservations”. If you take delivery with reservations, the clock does not start until they are put right.
And reception can be tacit. Article 6.4 says it takes place within the thirty days following the completion evidenced in the certificate, and that it “shall be deemed to have taken place tacitly” if within that period the developer does not enter reservations, or a reasoned rejection, in writing. In other words: not signing the record does not stop reception from happening.
What the certificate unlocks
- Reception of the works, within the following thirty days
- The final settlement of ICIO, the municipal tax on building works, on the real cost
- The declaración responsable de primera ocupación
- The deed of the completed new building and its registration
- Permanent utility supplies
- The final drawdown of the self-build mortgage
If the works did not turn out exactly as designed
They can still be certified, provided the changes are compatible with the permit. The system allows for it: the annex of changes is what is called the final de obra con modificaciones, and the architect certifies conformity with “the design that was the subject of the permit”, not with the original design untouched.
In the city of Madrid — the Ayuntamiento, not the Comunidad de Madrid — non-substantial variations, those that do not affect volume, form, position, site coverage, buildable floor area or the number of units, are not an amendment of the permit and are listed in the acta de comprobación, the council’s check record. Substantial ones require an amendment file or a legalisation, and in a legalisation the visado of design and certificate becomes compulsory again.
What cannot be done. A certificate declaring conformity with a permit that the works do not comply with is false, with the consequences that carries for whoever signs it. When something does not fit, the route is amendment or legalisation, not the certificate.
Frequently asked questions
Is the architect’s signature enough on its own?
No. Article 6.2 of the LOE requires the signatures of the director de obra and the director de la ejecución de la obra. Articles 12.3.e and 13.2.e impose it on each of them separately. Fran Cortés holds both qualifications.
Does the certificado final de obra need a visado?
Yes, compulsorily. Royal Decree 1000/2010 abolished the general visado but left a closed list of nine pieces of work, and its article 2.b expressly includes the completion certificate for building works, with the documentation in annex II.3.3 of the Building Code.
Does it need a visado from both professional bodies?
No, one is enough. Article 5.1 of Royal Decree 1000/2010 says the principal subject matter covers the direction of the works and the direction of the execution, “so that the visado of one professional body competent in either of those matters will suffice”. The successive double visado of the Order of 1972 has been superseded.
Do the ten years of warranty start with the certificate?
No, and this is the most widespread error. Article 6.5 of the LOE says the count starts with the signing of the acta de recepción, or when it is deemed to have taken place tacitly. The certificate only fixes the date of completion.
We changed things during the works. Can it still be signed?
Yes, if they are compatible with the permit. Annex II.3.3.a of the Building Code requires the description of the changes to be attached, with the developer’s agreement, stating that they are compatible with the permit. That annex is what is called the final de obra con modificaciones. If substantial, the permit has to be amended or the works legalised.
Can I execute the deed of the house without the certificate?
No. Article 28 of the consolidated Land Act requires a certificate from a competent technician on completion in accordance with the design, and in Madrid the declaración responsable of first occupancy requires the completion certificate signed by the dirección facultativa. The deed is executed before a Spanish notario, a public official who answers for its legality.
Is there a deadline for issuing it?
There is no legal deadline for the dirección facultativa to issue it once the works are finished. There is one afterwards: reception must take place within the thirty days following the date of completion evidenced in the certificate, unless otherwise agreed.
How much does it cost?
The visado at the COAM is worked out by a formula on floor area and budget; the certificate belongs to the settlement and reception stage, which is 15 % of the visado price, with a minimum of 45 € per stage. Fees for the dirección facultativa are freely agreed: indicative scales published by professional bodies have been prohibited since 1997. See architect fees.
The end of the works, handed over complete
Certificate with its two annexes, final valuation, libro de órdenes, visado and deposit at the colegio. And coordinated with first occupancy and the deed, which is where the delays pile up.