Do I need a Certificate of Habitation?
When buying new construction
When you buy a new building, the construction company must provide a certificate of first occupancy for the house. In Spanish "licencia de primera ocupación" This document indicates that the
house was built according to the building permit granted, so is confirmation that you are buying a legal home. Without this document, the house will not be connected to the water supply network and the electricity network. The document is valid for 10 years.
When buying an existing home
A similar document is also required when buying an existing home in Spain. We are talking about a Certificate of Habitation, also called proof of 2nd occupancy. In Spanish "licencia de segunda ocupación" I will now take a closer look at this last document, proof of 2nd occupancy. Sometimes, there are errors here with a purchase. This usually does not happen on purpose, but often because the seller or buyer are insufficiently informed.
What is a Certificate of Habitation?
The Certificate of Habitation is an administrative document that confirms that a house meets the minimum conditions for habitation as laid down in the Housing Act. If this document is provided, it means that the house is suitable for habitation.
Who issues the Certificate of Habitation?
The document is issued by the construction department at the town hall of the place where the house is located.
How to obtain the Certificate of Habitation?
To obtain this Certificate of Habitation, an architect makes a technical report of the house based on an inspection that he does in the house. He then submits an application to the construction department of he relevant municipality. If everything is in order, he can collect the document a few days later on payment of the legal fees.
What does the Certificate say?
- The name of the owner of the house.
- The full address of the house.
- The cadastral reference number of the house.
- The name of the architect responsible for the application.
- Period of validity of the document.
What is the Certificate of Habitation needed for?
You need the certificate for the future supply of water and electricity. Without this document, you cannot have the water and electricity meter for the house you bought transferred from the previous owner to your name.
You also need a Certificate of Habitation if you want to apply for a holiday rental permit.
Who pays for this?.
In general, seller and buyer agree on this among themselves. The most common is that the seller assumes the costs.