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.