Final reception to sell a house: Why the bank can stop your sale
- What is final receipt and why does the bank rigorously require it?
- The moment of truth: the bank appraisal
- ¿Cómo solucionar este problema y salvar la venta?
- Frequently asked questions about banks and final reception
- ↳ Is the buyer's bank responsible for processing the final receipt?
- ↳ Can i sign the promise of sale while i process the regularization?
- ↳ Do swimming pools or barbecue areas also need reception for the bank?
- Don't let bureaucracy ruin the sale of your property
It is the dream scenario but it can quickly turn into a nightmare: after months of showing the property, you finally find a buyer willing to pay the price you are asking for your house. They sign the purchase promise with enthusiasm, but suddenly, the buyer's bank flatly rejects the commercial operation.
This frustrating situation occurs every day in the Chilean real estate market. The main reason? The property (or its extensions) does not have the Final Acceptance Certificate issued by the Municipal Works Directorate (DOM), leaving the sale stalled and the seller in a critical position regarding the signed contract.
What is final receipt and why does the bank rigorously require it?
The Final or Definitive Reception is an official document that certifies that the house was built scrupulously respecting the approved plans and that it complies with all current urban planning, structural and safety regulations (such as gas and electricity installations).
For the bank, the reason for requiring it is strictly financial. The institution is lending millions of pesos and uses the house as "mortgage collateral." If the house has illegal constructions or extensions without permission, they are legally exposed to demolition orders or fines from the municipality. In financial terms, it means that the collateral is worth less or is extremely risky. Simply put, the bank will not assume that risk under any circumstances.
The moment of truth: the bank appraisal
The bank does not trust the word of the seller or the buyer. To approve the credit, you will send an expert appraiser (generally an accredited architect or civil builder) who will visit the property, measure each space and compare the physical reality of the house with the documents and plans filed in the DOM.
This is where the problem of irregular extensions breaks out. Let's suppose that the original house has 50 m² with a reception, but the owner extended it by 30 m² (a covered terrace, an extra bedroom or a loggia) without asking for municipal permission. The appraiser will detect this and inform the bank. As a result, the bank will only appraise the legal 50 m², resulting in a commercial value much lower than the agreed sales price. When the appraisal drops, the buyer simply will not have enough approved credit to cover the total cost.
¿Cómo solucionar este problema y salvar la venta?
If the appraisal showed observations due to lack of reception, you have three main options:
- Sell for cash: You can always sell the property to an investor or buyer who pays in cash (cash). Since there is no bank involved financing the operation, no one will require final receipt as a condition for signing the deed. However, this drastically reduces the universe of potential buyers.
- Regularize through "Monkey Law": If the buildings are old and meet certain age requirements (built before 2016) and surface area, you can resort to this special law (Law 20,898) for a simplified and quick regularization process.
- Regularization by general regime: If the expansion does not qualify for the Monkey Law, the regular procedure must be carried out: first process the Building Permit and, once approved, request the Final Reception with the mandatory advice of an architect.
Frequently asked questions about banks and final reception
Is the buyer's bank responsible for processing the final receipt?
No, under no circumstances. It is the exclusive and legal duty of the seller to deliver the property completely healthy and with its titles in accordance with the law so that the sale can be registered correctly.
Can i sign the promise of sale while i process the regularization?
Yes, it is totally possible. However, the deadlines stipulated in the promise must be long enough (months) to allow the DOM to review and approve the plans. Otherwise, the deadlines will expire and you risk million-dollar fines for breach of contract.
Do swimming pools or barbecue areas also need reception for the bank?
Yes. Any work that increases the built surface, modifies the original structure or alters the natural terrain requires building permits and their respective reception. Appraisers tend to be ruthless with these attached structures.
Don't let bureaucracy ruin the sale of your property
Getting ahead of the relentless bank appraisal by regularizing the papers on your house is not an expense, it is an investment. It is the only guaranteed way to ensure a quick sale, without legal setbacks and at the fair market price that your property is really worth with all its improvements.
At Terreno en Regla, we have a comprehensive team of legal advisors and technical architects who are experts in urban planning regulations. We take full charge of processing your Final Reception at the DOM, either through the agile Monkey Law or by general regime, guaranteeing that your property is impeccable for the approval of any bank. Do not leave your assets to chance; Contact us today to evaluate your property before putting up the "For Sale" sign.
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