A "cédula de habitabilidad", or certificate of occupancy, is a document required in some autonomous communities to sell or rent a property, as well as to connect utilities or obtain a mortgage. It certifies that a property is safe and fit for habitation.
In this guide, we explain what a certificate of occupancy is, where to apply for one, what it is used for and the requirements needed to obtain it.
- What is a certificate of occupancy?
- How to apply for a certificate of occupancy?
- Requirements to obtain the certificate of occupancy
- Where can I obtain my occupancy certificate?
- Can a property be sold without a certificate of occupancy?
- When does the occupancy permit expire?
- How much does a certificate of occupancy cost?
What is a certificate of occupancy?
A certificate of occupancy is a document confirming that a property meets the minimum requirements for habitation. These requirements vary depending on the autonomous community where the property is located and the year it was built.
This is because different regulations may apply depending on the circumstances, as Spain's autonomous communities have broad powers in urban planning matters.
Even so, certain legal requirements are established statewide through regulations such as the Technical Building Code.
How to apply for a certificate of occupancy?
To obtain a certificate of occupancy for a property, the following steps must be taken:
- Professional property inspection. Hire a registered architect or building surveyor to inspect the property and verify that it meets the minimum requirements established by the relevant autonomous community.
- Issuance of the certificate. Once compliance has been confirmed, the professional will issue a certificate, which may need to be endorsed by the relevant professional association.
- Presentation before the local council. The certificate must then be submitted to the competent authority so that the certificate of occupancy can be issued.
- Processing period. The entire process can take up to three months, although timings vary depending on the municipality.
Requirements to obtain the certificate of occupancy
The property must meet a series of requirements, largely determined by regional regulations:
- Surface area. The property must have a minimum usable floor area.
- Distribution and minimum rooms. The dwelling must include a living room, bathroom, kitchen and bedroom, among other required spaces. Each room must meet specific standards relating to size, equipment and ventilation.
- Safety and health. The property must comply with requirements relating to structural safety, fire protection, fall prevention and general health standards.
- Energy efficiency. Current energy efficiency regulations must be met.
Where can I obtain my occupancy certificate?
To obtain a certificate of occupancy, you must request it from the relevant authority, either at regional or local level. In many cases, responsibility lies with the urban planning department of the municipality where the property is located.
The document will typically include the following information:
- Property address.
- Usable surface area.
- Rooms and living spaces.
- Maximum occupancy limit.
- Identification of the technician who prepared the certificate.
Can a property be sold without a certificate of occupancy?
It depends on the autonomous community where the property is located, as each region decides whether the document is mandatory when completing a sale before a notary.
- In the Community of Madrid, Decree 111/2018 abolished the requirement for a certificate of occupancy, arguing that other legal documents already confirm that a property is suitable for residential use.
- In Catalonia, however, obtaining and providing a certificate of occupancy remains compulsory when buying or selling a property. The relevant regulations are contained in Decree 141/2012.
If your autonomous community requires a certificate of occupancy, two exceptions may allow a property sale to proceed without one:
- Mutual agreement. Both parties state in the deed that they are aware of the absence of the certificate and agree to proceed with the transaction. The deed must clearly describe the condition of the property.
- Private sale. If the transaction is completed through a private agreement, it may be possible to proceed without the certificate. However, both parties should be fully aware of the property's condition, and this information should be clearly reflected in the purchase agreement to avoid future disputes.
When does the occupancy permit expire?
The validity period of a certificate of occupancy depends on the regulations of each autonomous community. In general, certificates are valid for between 10 and 30 years, depending on factors such as the age of the property and its intended use.
- In Catalonia, a first-occupancy certificate is valid for 25 years, while second-occupancy certificates and rehabilitation certificates are valid for 15 years.
- In some regions, such as the Canary Islands, the certificate does not expire and only needs to be renewed if the property loses the habitability conditions required by law (Decree 117/2006).
How much does a certificate of occupancy cost?
The cost of obtaining a certificate of occupancy depends on several factors. It is important to review the specific regulations in each autonomous community, but in general the cost ranges from €45 to €900, with an average price of around €260, according to Certicalia.
