Note
First occupation licence in Spain (licencia de primera ocupación)
Quick answer
The first occupation licence is a municipal authorisation that a new or newly renovated home may be occupied. It confirms the building matches its permit. Ask the developer or seller for a copy before you pay, and have your lawyer check it. Rules and names differ between regions and towns.
Applies toBuyers of new, recently finished or extended homes, and of homes built on a plot that was developed recently.
On this page: 7 sections
§ 1What it is
The licencia de primera ocupación, also called licence of first use or occupancy, is a municipal authorisation that a newly built or substantially renovated building may be occupied. It follows the final inspection of works and confirms, broadly, that the building was completed in line with the permit. The name, the process and the department differ between towns and regions, so use this page as an orientation and not as a rule. It belongs with the checks in an overview of due diligence.
§ 2Why buyers care
The licence is evidence that the home is lawful to live in. Without it, the connection of water and electricity can be harder, a bank may ask questions before lending and a later sale can be harder. In a new-build purchase, the developer must deliver the building’s documentation to the buyers, and the law lists the building book among the documents that must be handed to the final users. That book is covered further in a closer look at the building inspection.
§ 3What to ask for
Ask for a copy of the licence, the date, the reference and the issuing body. Ask whether it covers the whole building or only part, and whether later works are covered. If the home is part of a development, ask whether the licence covers the common areas too. Ask your lawyer to check the licence against the registry description, which is explained in the nota simple in detail.
§ 4If there is no licence
A home without a licence is not necessarily illegal, but it has a gap to explain. The reason may be a delay in paperwork, a defect in the building or a more serious planning problem. Do not accept a promise that it will be sorted out after the deed. Make delivery of the licence a condition of the contract, with a date, or make it a reason to withdraw. The section on illegal builds in this handbook explains the wider risk.
§ 5Licence and habitability
In many regions a separate habitability document is also needed, which is explained in a closer look at the habitability certificate. The two are linked but not the same. One confirms that the building was completed as permitted, the other that the home meets minimum conditions for living.
§ 6Practical steps
Ask early, because municipalities can be slow. Ask your lawyer to get a certificate from the town hall if the seller cannot provide a copy. Keep the licence with the deed and the building documentation.
§ 7More on this topic
Checking title in detail explains how to confirm the seller owns the property and encumbrances in detail explains mortgages, seizures and other charges.
Checking for debts in detail explains the debts that can follow a property and the cadastre in detail explains the cadastral reference and how to compare it with the registry.
A closer look at the energy certificate explains the mandatory energy performance certificate and a closer look at no-debt certificates explains the certificates that show nothing is owed.
FAQRelated questions
Why does the licence matter?
Without it, the home may not be lawfully occupiable, utilities may be harder to connect and a lender may hesitate. It is the paper proof that the building was finished as permitted. A missing licence is a reason to ask questions before you pay.
Do old homes need one?
Not in the same way. Older homes were built before the current system and their situation is judged by other documents. Ask your lawyer which papers apply to the property in question, and whether the town hall confirms its status.
Where do I get a copy?
From the developer or the seller, and the town hall can confirm that it exists. Your lawyer or gestor can request a copy or a certificate from the municipality. Ask for it in writing so the date and the reference are clear.
Sources
- Boletín Oficial del Estado: Ley 38/1999 de Ordenación de la Edificación (official source, opens in a new window), Articles 17 and 19; disposiciones adicionales primera y segundaLast checked 17 October 2026
- Colegio de Registradores de España: Cómo comprar una vivienda en España (edición revisada, February 2020) (official source, opens in a new window), The five steps, nota simple, taxes and costsLast checked 17 October 2026
Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.