Do you need a certificate of habitability or an energy certificate to let a property?

Yes. In Catalonia, since 26 March 2026, the certificate of habitability (“cédula de habitabilidad”), the official document showing the reference rent and, where applicable, the energy performance certificate must be attached to the agreement. The reference numbers of the certificate of habitability and of the energy certificate must also appear in advertisements, in the information given to the tenant before signing and in the agreement itself. Spanish national rules also require anyone letting a home to have the energy certificate. If they are missing, the agreement is still valid, but the landlord is liable to a penalty.

Alburquerque Abogados

José Manuel Alburquerque
Landlord and tenant

The certificate of habitability

  • It is the document certifying that the home meets the minimum conditions for living in it. It must be attached to the agreement, or equivalent proof instead. It is also one of the details registered with the “INCASÒL”, the Catalan public body that holds tenancy deposits, together with the statutory deposit (the “fianza”).
  • It must be in force. A second-hand flat can keep its first-occupation certificate until 25 years have passed. After that it needs a second-occupancy certificate, which is valid for 15 years. If it has expired, it must be renewed before letting.
  • Without a certificate of habitability, it is generally not possible to set up utility contracts for the home.
  • If the home cannot obtain one because it does not meet those conditions, the problem is not one of paperwork. The landlord must hand it over fit to be lived in.

The energy performance certificate

  • Spanish national rules require anyone letting a home to have the certificate and to give the tenant a copy. The energy rating label must appear in advertisements.
  • In Catalonia, where applicable, it must be attached to the agreement. Its reference number must also appear in advertisements, in the pre-contract information and in the agreement.

If they are missing

  • The agreement is not void. It remains binding on both parties.
  • In Catalonia, housing law expressly penalises failing to attach the reference rent document to the agreement. The fine is imposed by the consumer protection authorities. If the certificate of habitability or the energy certificate is missing, the landlord is also liable to a penalty.
  • The tenant can demand that they be handed over and, if they are not, file a consumer complaint.

This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.