Housing Data Sheet: what it is and when it is needed
The Housing Data Sheet is one of the mandatory documents when buying a house, and could be a problem in the process if things are not as they are supposed to be.
It is common knowledge that the purchase of a property involves a complex process. It implies a series of important decisions that directly affect the entire economic structure of the future buyer.
The elaboration of documents that promote information and transparency to the future owner when acquiring a property is fundamental in this process, and that is when the Housing Data Sheet becomes a key element in the house-buying process.
And yes, an HDS is an extremely important document when we think about buying a house. Without it, the notary may not celebrate the property deed.
What is a Housing Data Sheet exactly?
The HDS is a document that describes all the technical and functional elements of an urban housing building. It is transmitted after construction or reconstruction work is completed, then carried out on the property.
Its preparation is mandatory, as well as its availability to future buyers.
When is the Housing Data Sheet required?
All buildings that have been constructed or have undergone renovations and alterations after March 30, 2004, must necessarily have the Housing Data Sheet.
This document is not mandatory in the following situations:
- All buildings constructed before the entry into force of the General Regulation for Urban Buildings, approved by the Decree-Law No. 38382, of August 7, 1951;
- Buildings constructed and on which there is issuer license or there is an application submitted for the respective issuance on the date of entry into force Decree-Law No. 68/2004, dated March 25.
How to obtain the Housing Data Sheet?
The HDS must be prepared by the real estate developer.
It is up to the technician in charge of the work and the real estate developer to verify the information presented in the HDS and the housing features don’t diverge.
As an example, the date of completion of the works, through the respective signatures made on the sheet itself.
In cases where the work has not yet been completed, an interim version of HDS must be made.
When to present HDS?
The deed cannot be signed without the notary first verifying the existence of this document. It is important to request it as soon as possible, in order to have all the necessary documentation when concluding the deal.
In situations of lease, the lessor must also provide the lessee with access to the HDS, before signing the contract.
What if the HDS is not in compliance?
The inclusion of information that does not fully correspond to the real characteristics of housing in the HDS, false statements or non-compliance with the required rules may be sanctioned.
Depending on the severity of the administrative offense, the fine amount may vary.
Conservation of Housing Data Sheet
The owner must keep the respective HDS in good condition. In case of loss or destruction of the Housing Data Sheet, a duplicate can be requested from the real estate developer or the city council, subject to the payment of an interest rate.
If you would like to obtain more information, our experts are available to assist you.