Note

Habitability certificate in Spain (cédula de habitabilidad)

§ 1What it is

A habitability certificate, called in Spanish cédula de habitabilidad or by a regional name, is a document that confirms a dwelling meets the minimum conditions to be lived in: size, ventilation, light, installations and similar. It is issued under regional rules, so what it is called, who issues it and how long it lasts depend on where the home stands. This page is therefore about what to ask, not about a single national rule. It belongs with the checks in what to know about due diligence.

§ 2Why it is asked for

The registrars include the habitability certificate among the documents to check before signing, together with the registry entry, the last property tax receipt, the community fees and the energy certificate. In regions that require it, utilities may not be connected without it, and a seller who cannot provide it may have difficulty selling. For buyers it is evidence that the dwelling can lawfully be used as a home.

§ 3Certificate and licence

The first occupation licence confirms that the building was completed as permitted, and is explained in a closer look at the first occupation licence. The certificate is a separate document about the dwelling. A new-build home may have both, and a resale home may have only the certificate. Do not assume that one replaces the other.

§ 4What to ask the seller

Ask whether a certificate exists, its date, its validity, and the body that issued it. Ask whether anything has changed since: a new division of rooms, a conversion of a garage into a living space, or other works. A change of that kind can mean that the old certificate no longer reflects the home. Ask your lawyer to check with the regional body what applies.

§ 5If there is none

If the seller has none, ask why. The seller may be able to obtain one, with a technician’s report and a fee. A home that cannot get one may not meet the minimum conditions, and that is a serious finding. Make delivery of the document a condition of the contract.

§ 6Interaction with the energy certificate

The energy certificate is a different document, with a national rule, and is explained in what to know about the energy certificate. Having one does not replace the other.

§ 7Practical advice

Ask early, and ask your lawyer to confirm with the regional office. Keep a copy with your deed. If you plan to rent the home, check whether the certificate is also required for the rental in that region.

§ 8More on this topic

A closer look at the nota simple explains the registry extract and a closer look at checking title explains how to confirm the seller owns the property.

A closer look at encumbrances explains mortgages, seizures and other charges and a closer look at checking for debts explains the debts that can follow a property.

A closer look at the cadastre explains the cadastral reference and how to compare it with the registry and what to know about the building inspection explains the periodic inspection of older buildings.

What to know about no-debt certificates explains the certificates that show nothing is owed.

Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.