Cedula de Habitabilidad ( Habitation Certificate)

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Posted and filed under Legal Paperwork (NIE, Residencia, Padron), Official Documents in Spain, Property in Spain.

Each builder must submit plans to the Town Hall in advance of starting any building work of Urbanisations or individual houses. When the work is finished on the entire area that was submitted, the builder then must advise the Town Hall in order that they inspect the building works and approve the same.

 

What is an Habitation Certificate?

 

The ‘Cedula de Habitabilidad’, or Habitation Certificate, is issued by the Town Hall, on satisfactory completion of the building Project. This means that everything on a new property is in order and has been passed by the Town Hall.

Originally, the Habitation Certificate had a validity of 5 years and stated that the building conforms to the original plans submitted to the Town Hall. When the five years expired, the owner of the property had to renew the certificate via the Town Hall, who issued the new certificate in the name of the owner of the property. Now, however, things have changed and the Habitation Certificates are issued without an expiry date for the property and even if the certificate said valid for 5 years originally it is valid for 10 years (called a Licencia Segunda Ocupacion). Once they are renewed, they are also valid by law for 10 years and called a Declaracion Responsable. 

If any renovations are made to the property (including the closing in of patio areas, paving of gardens, adding of additional rooms etc) permission should be obtained by the Town Hall, prior to starting the works. The real problems occur when you are selling your property. Even if they don´t expire, on changing properties there has to be a new Licencia applied for. The difference for the sellers will be in that case, the buyers need to pay for it, and not the sellers..

This is also when the Town Hall will become aware of any minor works made without permission, due to the paperwork that they require in order to obtain the Habitation Certificate. So, any of you planning to sell your house in the future, we recommend that you get your paperwork in order. Spanish Solutions offers a full service including the obtaining of this certificate and also Architects projects in the event that they are required. If you would like some help with obtaining your Certificate, please contact us.

16 Comments

  • Jane

    Do the Cedula de Habitabilidad’, or Habitation Certificate, have a designation letter(s) which allow to rent or not to rent for holiday property? Brgds Jane

    • Nicola Ryan

      Good Morning Jane,

      Thank you for your enquiry.

      If you have a habitation certificate and the town hall in your area are issuing tourist licences, you should have no problems obtaining one. We can help you obtain the tourist licence, plaque and Police access codes should you need them. We will contact you directly to discuss this matter further and see in which way we can help you.

      We look forward to speaking with you.
      Kind regards
      Nicola

  • Gary Millerchip

    My Architect has asked me for a copy of the Cedula de Hab­it­ab­il­id­ad, as I have recently bought this house and wish to start work on it.
    Cannot find a copy of the Certificate in my paperwork ,so where do I go to get one and at what cost please???
    I live in La Oliva, in Fuerteventura .

    • Nicola Ryan

      Good Afternoon Gary,

      It would be best to contact the Solicitor who represented you in the sale, they should have a copy of this, we hope this helps.

      Kind regards
      Nicola

  • Harriet

    I am interested to buy a flat that does not have the Habitation Certificate. The flat has been lived in, it has water, electricity, light … all that. But it is in a building that is in an industrial area and I think that is the reason it does not have the Certificate. I am worried about ending up in an ‘illegal’ situation and losing all my money. Is that something I could talk to you about?

    • Jane

      Hi Harriet

      Yes please contact us we can assist with obtaining your Habitation Certificate.

      Kind Regards

      Jane

  • Richard Holt

    I have just bought a house , and has no habitation certificate , my solicitor says I do not need one , as the house was built in 1960 , can you throw any light on this subject please .

    • Jane

      Hi Richard

      A habitation certificate is required on properties over 55mtrs square it is not related to age of property.

      Kind Regards

      Jane

  • Wendi Hendriksen

    Hello, on the property we work on the Primera Ocupacio Cedula d´Habitabilitat certificate expires on 16 December 2020 (issued in 2010). Could you please advise how we renew this? Do we just go to the relevant Town Hall? Thanks

    • Jane

      Hi Wendi

      You will require to do this as you would a new one engaging the services of an architect. If you wish us to assist you with the process and application please contact us.

      Kind Regards

      Jane

  • Karl Allen

    Our property in porto cristo is about 40m2. Does it need a habitabilitat certificate. ?

    • Nicola Ryan

      Afternoon Karl,

      Thank you for your enquiry.

      Should you wish to apply for a tourist licence, for example, you would need a habitation certificate, as this is a requirement.

      If you purchased your property in the past 10 years, you should have received the habitation certificate from the seller, along with the energy performance certificate. It may be best to check this with the solicitor whom you bought the house through. We hope this helps.

      Kine regards
      Nicola

  • Jennifer

    We are buying a property in Pinoso and about to complete the purchase. The seller doesn’t have the Habitation certificate and is only now going to apply to the Town Hall for the certificate.
    How long does it take the Town Hall to issue the certificate.

    • Nicola Ryan

      Afternoon Jenifer,

      Thank you for your enquiry.

      The length of time would depend on the town hall, it would be best to discuss this with your solicitor as they may be able to contact them on your behalf.

      It is important that the property has a habitation certificate before you complete on the purchase. Without the habitation certificate, you would not be able to apply for the tourist licence, for example, and may not be able to sell the property successfully again. Some properties can not obtain a habitation certificate.

      We hope you get this matter sorted swiftly.
      Kind regards
      Nicola

  • Nozar Payandehjoo

    Hi,

    We are planning to buy a flat in Alicante area, preferably in Albufereta beach area? We need to know if, a rental license is required both for short term and long term (more than three months).

    One seller in sol nociente claims to have a license but has not provided it to us. Is there a site in town hall to check the rules?

    Thanks,

    Nozar

    • Tracie Miles

      Good afternoon, a Tourist Licence is required for holiday rentals. It is not required for long term rentals. You can check if a property has a tourist licence by contacting the regions Tourist Informatin board. We hope this helps.

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