What is a Certificate of Occupancy and What is it for?

What is it for?

The objective of the certificate of occupancy is to guarantee that the house can be moved into at any time, because it meets the legal requirements of health, hygiene and solidity of the entire built structure.

Once the certificate of occupancy has been obtained, and not before, we can request registration for basic utilities such as electricity, water and gas.

In addition, if you want to sell or rent the home, it is essential to have this administrative document that proves that the house is habitable.

When do I need it?

With some exceptions, all homes must have their certificate of occupancy and/or first occupancy license. Without this document, we will not be able to register for electricity, water and gas services in the house. Nor could we sell or rent the home until we obtain the certificate.

Sometimes, although not in all cases, the certificate of occupancy may be required by the public administration for the reunification of foreign family members. Banking entities may also require the legal accreditation document in order to grant a mortgage loan.

Is the certificate of occupancy mandatory to sell an apartment?

Yes. In order to sell an apartment, a flat, a villa or any type of home, it is essential to attach the certificate of occupancy. If you do not have this document, we will not be able to sell or rent the building.

Is the definitive certificate the same as the certificate of occupancy?

No, they are not the same. The definitive certificate, or definitive qualification, or definitive qualification certificate, is the administrative document that certifies, once the works have been completed by the builder, that the building complies with the legal conditions required to be considered an officially protected home.

Before the definitive certificate, the provisional qualification is issued, which is valid during the period in which the works are carried out.

Nor is the certificate of habitability exactly the same as the certificate of occupancy.

The certificate of habitability is a document prepared by an architect, or a technical architect, after visiting the property and collecting all the information required to inhabit the building. In contrast, the certificate of occupancy is the definitive document issued by the town hall of the locality where the home is located.

In order for the Town Hall to issue us the legal habitability document, it is necessary that we have previously sent them the certificate of habitability, among other information, and in particular the proof of having paid the corresponding municipal fees.

Regulations governing certificates of occupancy

The legal competence to regulate certificates of occupancy is transferred to the autonomous communities (CCAA). These entities are responsible.

For example, the certificate of occupancy in Catalonia is regulated by Decree 141/2012 of October 30. In contrast, in other CCAA such as Aragon or Castilla La Mancha, the administrative document has been partially or totally repealed, with the aim of favoring access to housing and, at the same time, simplifying bureaucratic procedures.

In the Valencian Community, the certificate of occupancy is named as "second occupancy license". But its purpose remains the same: to guarantee that the minimum conditions for living inside the house are met.

All certificate of occupancy documents must show the following data:

• Full address and location of the home.
• Usable area of the home, in square meters.
• Number of rooms and spaces that make up the interior of the home.
• Maximum occupancy threshold. How many people could live in the home in compliance with the regulations.

The identity of the professional technician who prepared the legal certificate.

Types of certificates of occupancy

The types of certificate of occupancy are differentiated by their occupancy:

• Certificate of occupancy for first occupancy. It is the certificate of occupancy that the local administration, the Town Hall, delivers to the developer of the property.
• Certificate of occupancy for first occupancy by rehabilitation. This certificate of occupancy is granted when a considerable renovation has been carried out on the home.
• Certificate of occupancy for second occupancy. In this case, it is granted to built homes that have already been inhabited previously.