When a property or building complex is completed, a first occupancy license is generally required. Nowadays, this is often handled through an architect’s report, the so-called declaración responsable de ocupación.
For a first occupancy, the municipality usually carries out an inspection to verify that the property meets all requirements.
After approximately ten years, or upon transfer of ownership, the occupancy must be registered again. This is referred to as a second or subsequent occupancy. In most cases, no on-site municipal inspection takes place.
What is a certificate of habitability?
A certificate of habitability is a report prepared by an architect. In this report, the architect confirms that the property complies with the applicable habitability standards.
This report is submitted to the municipality together with several supporting documents, such as:
- Proof of payment of property tax (IBI)
- Utility bills (water and electricity)
The municipality then has three months to respond:
- If the municipality does not respond within this period, the certificate is deemed approved.
- If additional information is requested, it must be provided.
In some cases, the application may reveal additional issues, for example:
- There is an ongoing penalty procedure due to illegal construction, which may result in a fine or even a demolition order.
- No first occupancy license was ever issued. Applying for this retrospectively is usually more complex than applying for a subsequent occupancy.
What do you need a certificate of habitability for?
In practice, a certificate of habitability is required for:
- Applying for a rental license
- Arranging a new connection for water and/or electricity
Is the certificate always necessary?
If you do not intend to rent out the property and water and electricity are already connected, the certificate may not seem immediately necessary.
However, in practice, applying for the certificate often reveals issues that might otherwise go unnoticed, such as possible illegal construction.
What if no certificate of habitability is issued?
The absence of a certificate of habitability is not necessarily an immediate problem. However, it may lead to complications in the following situations:
- There is a building violation and/or the municipal procedure has not yet expired, which may result in a fine or demolition of illegal construction.
- The first occupancy license must still be obtained, which is often a complex process.
- The buyer depends on mortgage financing, and the lender may require a valid certificate.
Certainty or risk?
When purchasing or owning a property, some people prefer maximum certainty and want full clarity in advance.
Others are willing to accept a certain level of risk.
This is a personal decision and one that we cannot make for you.