The SCIA and the Accessibility of the Properties: All the Steps and Solutions to the Most Common Pro

One of the most common difficulties for those who are preparing the documents to sell a house is understanding when and how to request the SCIA for usability. The legislation on the viability of residential properties is not easy to understand, and in recent years it has changed quite rapidly. But in this article you will find a step-by-step explanation, which helps you understand how SCIA works for usability.

Sky Marketing strives to be Pakistan's biggest real estate developer ever, guaranteeing the highest international standards, prompt execution, and lifetime customer loyalty. For further detail visit Discovery Gardens housing scheme

What is the SCIA for usability

The SCIA is the certified sign of viability. This document demonstrates that the property you want to sell:

• it is habitable, or alternatively suitable for productive activities

• it was built in accordance with the construction project

• it is equipped with systems that comply with all safety standards in force

• it has conditions of safety, energy saving, healthiness and hygiene

The SCIA for practicability has been a self-certification for some years now. Until November 2016, homeowners generally went to the municipality where the apartment was located, to request the SCIA for usability. But now things have changed, and it is sufficient to present a self-certification to the Municipality, accompanied by documentation.

First Step: Understand Who Should Request the SCIA for usability

Did you build your house yourself, after obtaining a building permit? If the question to this answer is yes, then you will need to submit the SCIA report to prove the viability of your property in person.

Did you buy a house from a construction company? If you answered yes to one of these two questions, then the SCIA self-certification for usability must be presented by the manufacturer. But you, as the buyer of the property, can subscribe to the SCIA, because you have a direct interest in the property being habitable.

Did you raise the building, building an additional floor? Have you renovated your house, joined two adjoining apartments, or redone the systems of the building? In this case, if you are the person who submitted the construction activity report, you will also need to submit the SCIA self-certification for usability.

If you answered no to one or all of these questions, then the SCIA for usability should already be among the documents of the property you have purchased. It doesn't matter how many years ago you bought a house. SCIA does not have a deadline. But it must be resubmitted every time you carry out reconstruction, elevation, or even renovation works.

Second Step: When to Submit the SCIA for Usability

Who owns an apartment should already be in possession of the SCIA for usability, or the old certificate of viability. In fact, unless you have decided to start renovation or refurbishment of the systems, the SCIA self-certification had to be presented within 15 days from the end of the construction work on the new property.

Third Step: How to Submit the SCIA for Usability

The self-certification must always and only be presented to the Municipality where the property is located. Since you are the owner, but the responsibility of certifying that the property is usable falls on the person who has obtained the permit to build or renovate the property.

The self-certification must be submitted electronically through the Unified Office of Productive Activities, using only the certified form of accessibility that you find on the website of your Municipality. The following documentation must be attached to the reporting form for the SCIA:

• a copy of the identity document

• the receipt of the payment of the administrative fees

• the cadastral documentation relating to the property

• plant safety certifications

• documentation on compliance with the legislation on overcoming architectural barriers and on the accessibility of the property

• the static test certificate, or the static suitability of the property, or alternatively a report on the structural behavior of the property

• a certificate of the safety conditions of the property, filled in by a professional, or by the construction manager

As soon as you have submitted your request online, the system will ask you to print a receipt of the self-certification transmission. This receipt is immediately valid to demonstrate the viability of the property.

The SCIA for Usability: The Most Common Problems and Solutions

In theory, getting the SCIA for usability is the easiest thing in the world. At the end of the works it is sufficient to present a self-certification, and by means of the transmission receipt, the property's viability can be demonstrated immediately. Just mention the details of the transmission receipt in the deed of sale. Of course, collecting all the documents and certificates to attach to the application takes some time. But the self-certification procedure is easier and faster than requesting the old certificate of viability. In practice, the most common problems are three.

First Problem: the SCIA for usability is missing

You and the notary search and search among the documents of the property, but the SCIA for usability is nowhere. What happens in this case? Very often the notary advises to find an agreement, and to request the SCIA for usability to those who want to buy your apartment. This is a great solution for those who sell, because it saves time and effort. But as long as the buyer agrees to assume the obligation to self-certify that your property (not his!) Is usable.

Warning: you are selling a house and ask the buyer to take charge of presenting the SCIA self-certification for the usability of your home, because you have lost the certificate, or for any other reason. Then the buyer should obtain the test certificates, the declarations of conformity, and all the documentation that we have listed for you above. All of this takes time and money. And in the meantime the house is not immediately habitable.

When this solution is proposed to the buyer, it often happens that the buyer disappears. Usually those looking for a house prefer to buy an apartment already equipped with SCIA for usability, where they can go to live immediately.

The solution? Some people try to give a big discount on the sale price of the property. In our opinion, however, the best solution is to present the SCIA self-certification for usability.

Second Problem: The Restructuring Works and the SCIA for usability

The second problem is a classic. You have carried out renovations, but you have not filed the report, and in the meantime more than 15 days have passed. You find yourself with the apartment refurbished, but the SCIA for usability is not there.

The solution? This situation should be remedied as soon as possible. The penalties in this case range from a minimum of € 77 up to a maximum of € 464. But sanctions are the lesser problem. Compared to the cost of renovating a building, € 77 is very little. The real problem could arise at the time of the sale of the property. Selling an apartment that has been renovated but lacks the SCIA that proves its viability as we have explained to you is not the easiest thing in the world. The real risk is to see a decrease in the value of the property.

Third Problem: The Wake for Usability and the Lease Agreements

The third problem occurs less frequently. In fact, those who buy a house demand the SCIA for usability, and in most cases they get it. But from time to time it is possible to find people who rent out properties without SCIA.

The solution? Immediately remedy the lack of SCIA, in any way possible. But why, if you bought a property for investment purposes, should you also worry about the SCIA for usability? Is simple. The lack of the SCIA that demonstrates the practicability of the property causes the termination of the lease. In other words: if the property is without SCIA the tenant disappears, and your rental income disappears with the tenant.

We do not say this, but sentence no. 12286 of the Court of Cassation. In this case, it is possible to meet consultants who advise you to reach an agreement with the tenant, and to make him understand clearly that the SCIA is not there, and therefore you are not able to guarantee the viability of the property. At this point, if the tenant signs the lease despite being aware of the lack of SCIA, the lease remains valid. The contract is valid even if the tenant accepts the risk of living or working in a building without SCIA for usability. This is true. But what if the tenant thinks back, and sues you for damages?

In conclusion, the SCIA for practicability must always be requested and obtained, because it is a document that protects both those who want to sell their property and those who are trying to buy a house.

Source:PropertyNews

Source: Business world pk