Occupancy licence

Our legal services are experienced and specialised in property services and this includes Occupancy licence.

Please contact us for specfic information, our work requires study of the corresponding documentation to give you the best legal advice

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The certificate of occupancy license or license of second occupation is a document included in Law 3/2004, of June 30, of the Generalitat, entitled Ordenación y Fomento de la Calidad de la Edificación (LOFCE).

What is it?

The certificate of habitability or occupation license certifies that an existing home complies with the technical regulations on habitability, and is necessary to formalize rental and sale contracts, and to register for water, electricity and gas services or to restore said services in the case of their being withdrawn previously for whatever reason.
The document is useful since it means we can be sure that the property complies with all legal requirements regarding urban planning in accordance with current regulations.  This is why we always recommend obtaining the certificate.
However, that said, not having a license is actually quite common. The important thing is to know if the property may or may not obtain it. There are cases where it was simply not requested and is not a major problem beyond the cost of obtaining it now. To properly assess the risk,  it is important to find out before the signature if there is an impediment to being granted the license, for example, if the developer has not finished the roads, or they are smaller or greater than the established norm, or they have not finished the public lighting of the zone, etc. In these cases it will be necessary to see if there are deficiencies that can or not be corrected ...

 When is it mandatory?

The Habitability Certificate is mandatory in the following cases, since 2007:
To connect water, light and gas supplies.
To registry a new build is obligatory
 For the purchase/sale of second hand houses it is not obligatory, but highly recommended if you want to ensure your house is fully legal.

What data is included in it?

Address of the property and the province where it is located.
Usable square meters.
Interior composition of the house (rooms, bathrooms, kitchen and living room).
The recommended number of occupations established by the corresponding municipality.
Concession and expiration date.
In a Certificate of Habitability, the name of the owner of the dwelling never appears
 How long is it valid?

The duration or validity that is assigned to certificate from the concession is between 5 to 10 years, depending on the municipality in which it was requested.
Once the Habitability Certificate has expired, the same procedures that were carried originally will be followed, whilst including any modifications that the composition of the dwelling may have experienced over the years.
Keep in mind that in many homes the extensions or modifications that have been made during these years may not comply with current planning and cannot be legalized, which could become a problem in the case of wanting to sell the property
What kind of paperwork do I have to do?
There are two types of procedures:
Certificate of first occupation (when it is a new build).
Certificate of second occupation or existing building (when the house is not newly built or when the cedula has expired).
 When renting a house, the owner has to provide the number of Habitability Certificate. In the case of not having it, they have the duty to obtain it, since that number should appear in the rental contract.
The seller has to deliver the original habitability Certificate.
If you buy a house without a certificate, you may have some problems, since it is possible that the home you are buying has more square meters than allowed or that part of said house cannot be legalized.
It is important to obtain the certificate or you will not be able to connect the electricity, water and gas services from suppliers.

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