Can I take possession of my new apartment once I receive Tofes 4?

Tofes 4, or the Occupancy Authorization Form, is one of the last steps toward receiving the keys to your new apartment. The form is issued by the local planning and building committee or the licensing authority of the local authority and constitutes a declaration on behalf of the municipality that the building is suitable for occupancy, that it can be connected to various infrastructure set-ups such as electricity and water, and that it is safe and meets the conditions of the fire and rescue authorities. In other words, this is confirmation that the construction of the building has been completed, to the satisfaction of the local authority.

The application for Tofes 4 is submitted by the building permit holder – i.e. the developer, property owner, or architect on their behalf – to the municipality, accompanied by a number of documents. These include:

  • An affidavit signed by a certified surveyor stating that there is a correspondence between the actual construction and the building permit granted
  • A form from the building’s conservator – a civil engineer by training, who will confirm the integrity of the building’s skeleton
  • An affidavit on behalf of the contractor stating that no defects were created during construction that pose a danger to users of the building or its surroundings and that there is sealing for the protected spaces in the apartment (safe rooms)
  • Confirmation by the Fire Authority regarding fire safety in the building. The Fire Authority inspects both the building and the fire detection and extinguishing systems installed in it, and more.

After Tofes 4, it is also necessary to issue Tofes 5 or the “Building Completion Certificate”, which is the official occupancy form you will need to move in.  This does not require any additional approvals beyond those granted as part of the issuance of Tofes 4, and therefore its receipt is mainly a technical procedure, given after receiving Tofes 4.

This guide is intended to provide the reader with general information and not to serve as legal or other professional advice. Readers are advised to obtain advice from qualified professionals before entering into any real estate transaction.

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