Can you sell a flat in Catalonia without a certificate of habitability (“cédula de habitabilidad”)?

Question

José Manuel Alburquerque · Accepted Answer

In general, no. In Catalonia every home must have a valid certificate of habitability when it is sold. It is the document showing that the home meets the minimum conditions for living in it. The notary must require it before the deed is signed and, without it, the “Registro de la Propiedad”, the Land Registry, will not register the sale. Only in a few cases can the buyer expressly release the seller from this requirement, for example if the home is going to be renovated or demolished. What Catalan law requires The certificate must exist at the time of the sale, including when a used flat is sold for the second time or later. The notary must require it. If it is missing and no exception applies, the deed should not be signed. Nor can the land registrar register the purchase. Outside the exceptions, it is not enough for the buyer and seller to waive it. Under the Catalan habitability decree, the first occupation certificate, the one for new homes, is valid for twenty-five years. When it expires, a second occupation certificate is requested, which is valid for fifteen. If the flat's certificate has expired, it must be renewed before selling, with a certificate from a qualified professional confirming that the home still meets the minimum conditions. The buyer will also need it to set up electricity, water or gas, because the supply companies must ask for it. The exceptions Only for homes that are not new-build can the buyer expressly release the seller from handing over the certificate, in these cases: If the home is going to be renovated or demolished. For renovation, a report from a qualified professional confirming that the certificate can be obtained after the works must be submitted to the notary. The Land Registry records this until the certificate is produced or the demolition is proven. If both parties acknowledge that the property will not be used as a home. If, for exceptional reasons, they agree before the notary that it will be handed over later. The already registered application for the certificate and a habitability certificate signed by a qualified professional must be submitted. Nor is it required for inheritances, gifts or awards at an auction. But whoever receives the home will still need it to live in it, let it or set up the utilities. If the home cannot obtain one If it does not meet the minimum conditions, for example in terms of floor area, ceiling height or ventilation, it will not be able to obtain the certificate and the problem is not one of paperwork. It can only be sold for renovation, with the professional's report, for demolition or for a use other than housing. A private contract signed without a certificate is not void for that reason, but if the home later cannot obtain one, the buyer can bring a claim against the seller. In the rest of Spain, the certificate of habitability only exists in some autonomous communities. In most of them what is required is the first occupation licence (“licencia de primera ocupación”) or a “declaración responsable” (declaration of compliance), which is not required for each sale.