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The second occupancy license is necessary for the transfer of a property, and to register new basic supplies such as electricity, water, or gas. However, when buying or selling a home, among the legal, administrative, and tax expenses that both parties must face, who is responsible for paying for the second occupancy license?
This is not a minor question, as all administrative and operational procedures for obtaining a second occupancy license for a home require time and money. But who bears this cost? Who is responsible for paying for the second occupancy license in a home sale?
What is a second occupancy license?
A second occupancy license is an official document that certifies that a property meets the minimum requirements established by law to live inside. It addresses aspects such as healthiness, structural soundness, and hygiene.
When a certificate of occupancy expires, after ten years have passed, a second occupancy license is required.
When is a second occupancy license needed?
A second occupancy license must be processed in the following cases:
- For the transfer of a property. Usually, a sale or a donation.
- To register new supplies of water, electricity, or gas.
- In the special case that the property is very old.
The technician who must prepare the second occupancy license is responsible for guaranteeing and certifying that the property meets the minimum conditions established by law regarding safety for its occupants, structural stability, distribution of space, healthiness, and minimum space to be inhabited and lived in. The document drafted by the corresponding technician must be submitted to the registry of the corresponding City Council, which will be the public institution that ultimately grants or denies the second occupancy license for the property.
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What regulations apply to second occupancy licenses? Requirements
The scope of application for second occupancy licenses is the autonomous community where the property is located. The requirements are established in the regional regulations, and by the different names that the second occupancy license has in each City Council or municipal administration.
In the following autonomous communities (CCAA), the second occupancy license consists of renewing the previous certificate of occupancy:
- Canary Islands
- Cantabria
- Catalonia
- Chartered Community of Navarre
- La Rioja
- Principality of Asturias
- Region of Murcia
In other autonomous communities, the second occupancy license consists of renewing the first occupancy license. Specifically, they are:
- Valencian Community.
- Balearic Islands.
In some autonomous communities, it is not required to process a second occupancy license. In the following territories, newly constructed buildings are granted a normal first occupancy license, but it is not required to be renewed afterward. These are the communities of:
- Andalusia
- Aragon
- Castilla-La Mancha
- Castile and León
- Community of Madrid
- Galicia
- Basque Country
And in the last autonomous community that remains to be included in this list, Extremadura, it is required to apply for both the first occupancy license and renew it, obligatorily, every ten years.
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Who is responsible for a home having a second occupancy license? Who pays?
It will depend on each autonomous community, as there are places where the second occupancy license is mandatory by law, and in others where it is not mandatory or, directly, does not exist.
In the territories where the second occupancy license is mandatory, it is the responsibility of the legal owner of the property to have a second occupancy license for the property and for it to remain valid. Each autonomous community where the second occupancy license is required has also developed a system of possible sanctions and fines for owners who fail to comply with the legal obligation to have a second occupancy license for the property they own.
Readers have come to this article looking for:
How long does it take a City Council to grant a building permit?
Commercial premises, what is its value?
How much does it cost to register a home?
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