Is it legal to live in a home without an occupancy license; can you live in it?

1 de March de 2020

Is an occupancy license the same as an certificate of occupancy? Obviously not, but what are the differences? What legal documentation do we need to move into a home? And if I already have a completion certificate, is the occupancy license necessary?

The Building Regulations Law 38/1999 regulates the regulatory framework under which all other legal regulations of state, regional, and municipal scope are developed. However, each of the seventeen autonomous communities (CCAA), and each of the municipalities in Spain, has its own specific and distinct regulations that govern the building process within the framework of the Building Regulations Law.

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What an initial occupancy license is and how to obtain it

The initial occupancy license is an official document issued by the nearest municipal administration, usually the Town Hall of the locality, after verifying that the works carried out have been executed according to the technical project that was presented to the same administration before starting them.

To obtain the initial occupancy license, whether for a new construction or for a renovation, it is necessary to submit the completion of work documentation to the corresponding public administration:

A certificate, issued by the qualified technician, which certifies the completion date of the works, that the technical project that was presented at the time has been followed throughout the construction, and that the property is in a condition to be used.
The actual settlement of the works. Attaching a descriptive report of the construction and graphic documentation (photographic images) of the work executed.
Supplementary documentation, such as the final plans of the work.

Once the completion of work documentation has been submitted, the public administration will propose granting the initial occupancy license. And the municipal technicians will be responsible for making the visit and verifying that the documentation presented is reliable and conforms to reality.

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Can you move into a home with the initial occupancy license?

The initial occupancy license is linked to the completion of new construction or renovation works, in accordance with municipal regulations and the technical project that has been executed. However, the initial occupancy license does not certify that the minimum conditions of habitability are met to consider the completed work as a home ready to move into.

The certificate of occupancy is an official document that is issued at the regional level, not at the local (municipal) level, and certifies that the home has the minimum essential conditions to be inhabited, to be able to move inside to live.

Each autonomous community has its own regulations that govern what the minimum conditions are that a construction must meet to be considered suitable for habitation. These minimum requirements include:

The minimum necessary lighting.
The minimum habitable surface area of the home.
The minimum height of the access from the street.
The minimum height and width of the entrance.
The minimum width of the corridors.
And other minimum measures approved by each autonomous region.

What is the certificate of occupancy for?

In most autonomous communities, the certificate of occupancy is the official document required by the public administration to use a property as a home. Specifically, when we intend to register the basic utilities in the home, and we want to connect to the water, electricity, or gas network, we will be required to present the corresponding certificate of occupancy.

For the sale of a home, the notary where we process the transaction will require, obligatorily, the certificate of occupancy. Without the certificate of occupancy, a sale of a home cannot be carried out. Although, exceptionally, "the non-requirement of the certificate of occupancy" can be requested only in the event that the buyer of the property undertakes to carry out the necessary rehabilitation so that the new home, once renovated, complies with the current regional regulations.

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All the information shared reflects the legal regulations, requirements, and procedures required by the vast majority of municipalities and autonomous communities. However, there may be specific details, added steps during the processing, or other exceptions depending on each municipality and each autonomous community. For this reason, we recommend consulting the specific legal regulations that apply in the municipal district where the home in question is located.