Certificate of Habitiation

It is not unusual to find properties that have been finished for quite a while and that do not have a so called certificate of fitness of habitation even if the title deeds have been granted for the property. As this situation is a common reality that can give rise to future problems, we would like to take the opportunity to go into greater detail on the subject answering amongst other queries the following: What is the certificate of fitness of habitation? Is it necessary to obtain it? What purpose does it serve?

The certificate of fitness of habitation is really called a “Municipal Licence of Occupation”. Its legal regulation is governed by the Law of Building Standards dated 30th June 2004 and the Housing Law dated 20th October 2004. In accordance with the applicable legislation, it should be a legal requirement to be able to occupy a property the previous granting of the municipal occupation licence. The utility companies cannot give a definitive domestic supply without having seen proof of the granting of the certificate of fitness of habitation.

The grating of the municipal licence of occupation is an act that acknowledges and deems that the properties are suitable for their use. It serves the aim of checking that the property has been built in accordance with the project for which planning permission was granted, the fact that the building work fulfils all the requirements of the legislation applicable in accordance with its eventual use and characteristics.

The licence is initially necessary once the building work has been finished although once ten years have elapsed from the completion of the work the licence needs renewing in the following cases:

a) When a second or subsequent transmission of the property occurs.
b) When a new electricity, water or gas contract needs to be take out.

In the case of existing buildings that do not already have a licence, it is necessary to obtain a licence for the whole building, or that part of the building that is susceptible to having an individual use, in the cases listed above.

To obtain the licence, the promotor of the building must make an application to the Town Hall which needs to contain the architect’s final works certificate amongst other paperwork regarding the building. To be able to obtain any subsequent licences of occupation, the owner must apply to the Town Hall and present a certificate granted by a qualified professional in which it is stated that the property still fulfils those requirements that were obligatory for the initial granting of the first occupation licence. The revision of the fulfilment of the necessary requirements will fall to the corresponding municipal technicians.

Finally, the period within which the occupation licence must be granted (or turned down) is three months from the submission of the application. Once this period has passed without any notification having been made, the applicant can take their application to have been approved by administrative silence (that is tacit approval in the absence of a response), as long as the building fulfils the applicable urbanistic legislation. Therefore, this so called tacit approval cannot be understood to have been granted if the building has been built in breach of planning regulations.