What is the difference between the first occupation licence (“licencia de primera ocupación”) and the certificate of habitability (“cédula de habitabilidad”)? Which one do you need in Catalonia?

Question

José Manuel Alburquerque · Accepted Answer

They are two different checks, by two different authorities. First occupation is a planning matter and allows the town council to check that the completed building conforms to the building permit. In Catalonia it is now generally dealt with through a prior notification instead of a licence. The certificate of habitability shows that the home meets the minimum conditions for living in it and is issued by the “Agència de l'Habitatge de Catalunya”, the Catalan housing agency, or by the local authority to which that function has been delegated. A new home needs both, first the notification to the town council and then the certificate, whereas to sell or let a used flat what is required is a valid certificate. First occupation, a matter for the town council When a building is completed, the town council must be able to check that what has been built conforms to the building permit. For years this was done with a first occupation licence and many people still call it that. In Catalonia, the planning act now makes the first occupation of a building subject to a prior notification to the town council. Partial first occupation, of part of the building, still requires a licence. So, in general, does that of buildings on non-developable land, that is, rural land. A prior notification is not a licence. It is a document submitted by the developer or the owner, with the documentation for the works, which takes effect from the moment it is submitted, without waiting for the town council to decide. The town council can later check that the works conform to what was authorised and, if not, order them to be corrected or impose a penalty. The certificate of habitability, a matter for the Generalitat (the Catalan government) The certificate of habitability shows that the home meets the minimum conditions for living in it, such as floor area, ceiling height or ventilation. There are two types: The first occupation certificate, for new homes and some renovated ones, which is valid for twenty-five years. It is applied for after submitting the prior notification of first occupation, with the certificate of completion and habitability signed by the technical team responsible for the works and a copy of that notification. The second occupation certificate, which is applied for when the home no longer has a valid certificate. It is valid for fifteen years and must be renewed when it expires. Which one you need in Catalonia If you are buying a new home, you need both, in this order, first the prior notification to the town council and then the first occupation certificate. Ask for a copy of both before signing the deed. If you are buying, selling or letting a used flat, what is required is a valid certificate. It will be the first occupation certificate if its twenty-five years have not yet passed and, if they have, the second occupation certificate. The first occupation of the building was dealt with when it was built. In the rest of Spain, most autonomous communities do not have a certificate of habitability and require the first occupation licence or, where it has been replaced, a “declaración responsable” (declaration of compliance). Only a few have a certificate of habitability.