Occupation Licence
Occupancy Certificate/Occupation Licence/Cedula de Habitabilidad
An Occupany Certificate (also known as an occupation licence or “cedula de habitabilidad”) is a compulsory certification which states that a dwelling has, at least, the minimum occupancy requirements necessary to be able to live in it according to the current regulation.
For the following cases, this certification has been compulsory since 2007:
- For the activation of a new water, electricity or gas supply
- For the signing of rental contracts
- For the signing of Sale & Purchase deeds at the Notary’s office, the original certification must be provided
This certification has an expiry date of between five and ten years from when the document has been issued, depending on the town hall that issues it.
When someone rents a property, the landlord is obliged to provide the numbering of the Occupancy Certificate. If the landlord doesn’t have one, he/she will have to apply for one at the town hall as the occupancy number on the certificate must appear on the rental contract.
As of today, it is compulsory for the seller to provide the original Occupancy Certificate for the signing of the deed when it comes to a sale or purchase of a property before a Notary. Only the original certificate will be accepted for this matter.
Buying a property without an Occupancy Certificate could cause several problems: for instance the property could have more square metres than what was allowed in first place, or it could even be that part of the property cannot be legalised.
The above information is copied from an article prepared by expresslegalsolicitors.com
Note that the first occupation certificate was obtained by the builder, the second certificate is obtained by he first occupant.
