What is the Occupancy Certificate in Spain and how do you go about getting it?
The Spanish Certificate of Occupancy – also known as occupancy certificate or certificate of habitation and lately also equivalent to the so-called “responsible declaration” – is a compulsory document needed in Spain when purchasing, selling or renting a property or applying for a tourist license.
Why do you need an Occupancy Certificate?
The Spanish legal system requires a building to have a series of documents that certify its complete legality – from the building’s first occupation license, to the habitability certificate and other administrative authorisations that prove that according its habitability and guarantees that the house meets the necessary conditions to live in it.
Having the occupancy certificate up to date means that the property is suitable to be inhabited.
The Spanish certificate of habitation is required when:
– Contracting electricity, water, gas and telecommunications services,
– Selling a house
– Renting a house
– Applying for a tourist housing license.
What types of Occupancy Certificates are there?
There are three types and they vary according to the age of the building:
- First occupation: this is an occupancy certificate for newly built homes. The first Occupation Licence must be granted by the municipality to the building promoter. This license acts as a certificate of habitability.
- First rehabilitation occupation: this is a certificate issued to rehabilitated housing projects which have undergone a thorough renovation process like extensions, emptying and redistribution of spaces, etc.
- Second occupation: this is issued to homes that have already been inhabited.
How is the Occupancy Certificate processed?
New work declaration:
The building promoter is the entity in charge of providing the certificate which, will be added to another document called Final Act of Work.
Both documents will be signed before a Notary and are needed to register the different building supplies.
Resale declaration:
The seller is the person or entity in charge of obtaining and presenting the certificate (formerly Certificate of habitability or First Occupation License).
Should this certificate not exist either because you have lost it or you were not given it, you can ask for a copy to be issued at the local town hall or the building promoter itself.
What’s the cost of the Habitation Certificate in Spain?
This document is issued by the municipality of each locality.
Many municipalities charge a fee, but the cost varies ranging from € 0 to € 300.
The validity of the license also depends on the municipality.
And if you intend to rent your property as a holiday let, please remember you are going to need the Occupancy Certificate to be issued your tourist license.
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We want to help you navigate all the legal complexities that come with your home buying in Spain, but this article is legal information and should not be seen as legal advice.
3 Comments
Good Article
I have a 4 bed, 3 bath 208 m2 house built in 2002 in a camino in Jalon. It has mains water, mains sewer connection, mains electricity and a telephone connection. The house does not have a cedula. The house comes up to superior holiday rental standard. The house is for sale and a prospective buyer wishes to rent out the house when they are not in occupation. The estate agent is saying a cedula is required in order to obtain a Tourist License so the buyer has withdrawn from the purchase. My gestor has said it is unlikely a Tourist License could be obtained as Jalon do not issue cedulas for rural properties. Could you cast some light on the matter please.
Dear Mr. Race
If you call the Town Hall or go there and indicate them the property address or caddastral reference, they will tell you if the cedula can be granted or not.
Kind regards.