In Cuba, construction work intended for housing requires notarization before a public notary. Although these are self-made construction projects, their declaration and formalization before a public notary is mandatory, as this is the only way to grant legal validity to these projects.
The declaration or description of construction actions is the document describing the construction work carried out by one's own efforts on a home. The description of the new construction and the home extension are recorded in deeds before a notary public.
The description of a new construction project is the legal document that describes the newly started construction, from the ground up. For legal purposes, the location of the new construction project may be on a vacant lot that constitutes personal property, as a right of surface, or as a concessionaire for the use of a rooftop.
The procedure for executing a deed before a notary public that constitutes a description of a new construction requires that the interested parties appear before the notary with the following documents:
• Present your identity document
• Submit the Construction Permit for new construction
• Present the Certificate of Habitability or the Technical Opinion of the home, both are issued by the Municipal Directorate of Physical Planning of the territory where the home is located.
• Submit the Resolution recognizing the perpetual right of surface, issued by the Municipal Physical Planning Department of the territory, showing proof of payment. Failing this, and as applicable, a certified copy of the public deed of ownership of the land or the transfer of partial or total use of the roof must be submitted to proceed with the construction of a home.
For the procedure of executing a deed before a notary public that constitutes a description of a home extension, the interested parties must appear at the notary's office with the following documents:
• Present your identity document
• Present the Title Deed to the property
• Present the Construction License or Authorization, as appropriate, according to the magnitude of the construction actions included in the home extension.
• Submit the Certificate of Habitability or the Technical Opinion of the home, both of which are issued by the Municipal Physical Planning Department of the territory where the home is located.
Construction works for remodeling, conservation, reconstruction, replacement, and rehabilitation of housing are formalized before a notary public in notarial acts, not deeds.
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