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Habitation Certificate

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Does your property have a Habitation Certificate?

If you are in­tend­ing to sell your prop­erty in Spain you must have a cur­rent Hab­it­a­tion cer­ti­fic­ate “Cedula de Hab­it­ab­il­idad”.

These are is­sued by the town hall to a builder on com­ple­tion of new prop­er­ties, stat­ing each prop­erty has been passed as hab­it­able. Once ob­tained, the Hab­it­a­tion Cer­ti­fic­ate has a valid­ity of five years and states that the build­ing con­forms to the ori­ginal plans sub­mit­ted to the town hall.

When the five years ex­pires, the owner of the prop­erty should re­new the cer­ti­fic­ate via the town hall, who will is­sue the new cer­ti­fic­ate, a Li­cen­cia de Se­gunda Ocu­pa­ción in the name of the owner of the prop­erty.

If any re­fur­bish­ments are made to the prop­erty (in­clud­ing the clos­ing in of patio areas, pav­ing of gar­dens, adding ad­di­tional rooms etc.) per­mis­sion should be ob­tained from the town hall prior to start­ing the works.

We would men­tion that the Wa­ter Com­pany in Spain ac­cepts the cer­ti­fic­ate up to 10 years old to change own­er­ship of a con­tract (so if the seller´s so­li­cit­ors are deal­ing with this, they don´t ask the seller for a new cer­ti­fic­ate if it is within 10 years old).

The rep­res­ent­at­ives of any buy­ers will now ask for a cer­ti­fic­ate that is in date, and many cli­ents are find­ing that they need to get this re­newed be­fore selling their prop­erty.  Un­for­tu­nately, this is also when the Town Hall will be­come aware of any minor works made without per­mis­sion.

If you are plan­ning to sell your house, you should get help to or­gan­ise your pa­per­work so as to avoid delays – what you don’t want to do is to lose a buyer.

If you are buy­ing a prop­erty, check the situ­ation re­gard­ing the Hab­it­a­tion Cer­ti­fic­ate and take ad­vice.

Our Partners may be able to help you ob­tain a Cer­ti­fic­ate of Hab­it­a­tion and also Li­cen­cia Se­gunda Ocu­pa­ción.

The doc­u­ments re­quired are a pho­to­copy of your NIE, cop­ies of your title deeds, cop­ies of your prop­erty tax, elec­tri­city and wa­ter bills. They will be able to ar­range a visit to the prop­erty by our ar­chi­tect (subject to specific locations) with you or your key-holder. The ap­plic­a­tion pro­cess takes around 10 days and with the ap­plic­a­tion form stamped by the Town Hall you are able to sell a house, set up a new con­tract at the util­ity com­pan­ies as well as change own­er­ship of con­tracts.

The local Town Hall takes ap­prox­im­ately 10 months to 1 year to is­sue the Cer­ti­fic­ate. Not all prop­er­ties can ob­tain it, but our partners can find out and ad­vise you. There are a num­ber of is­sues that will af­fect the time period of ob­tain­ing these doc­u­ments; some­times it can be a whole com­munity prob­lem or other situ­ations are also pos­sible.

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