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.
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.
– Contracting electricity, water, gas and telecommunications services,
– Selling a house
– Renting a house
– Applying for a tourist housing license.
There are three types and they vary according to the age of the building:
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.
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.
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.