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CERTIFICATE OF OCCUPANCY

¿What it is and how to get it when buying, selling, or renting an apartment??

When we consider renting, buying, or selling an apartment, multiple questions arise, such as: What is the habitability certificate? How do I get it? What documentation do I need?

In this article, we will try to answer the most common questions related to this topic.

What is the habitability certificate?

The habitability certificate is the document that certifies that a dwelling meets the minimum technical and sanitary requirements to be suitable for residence, regardless of whether other properly authorized activities are carried out there.

When is the habitability certificate required?

According to Catalan Law 18/2007, all dwellings in Catalonia are legally required to have a habitability certificate. It is also an essential administrative requirement for renting or selling a property and for contracting various services, such as electricity, water, gas, etc.

What information should the habitability certificate contain?

It must include the following information at a minimum:

  • Usable area of the dwelling and the rooms in question. 
  • Address of the property.
  • Number of rooms that make up the dwelling.
  • Data on the maximum occupancy limit.
  • Accreditation and identification details of the technician certifying the certificate.

What is the validity period of the habitability certificate?

The validity is limited, depending on each Autonomous Community. Generally, it is 15 years, considering that the validity depends on the date of issuance. 

In the case of Catalonia, the validity of the certificate is 25 years for newly constructed dwellings and 15 years for second occupation and first occupation after renovation.

How to apply for it? 

To apply for the certificate, you must present a habitability certificate, signed by a competent technician, whether an architect or a certified building surveyor.

This person will inspect the property to verify that it meets the requirements set by the Autonomous Community and will prepare a report that will then be reviewed by the Architects' Association.
This certificate will then be submitted to the competent authority, which will issue the habitability certificate. In the case of Catalonia, the responsibility lies with the Agència de l’Habitatge de Catalunya, although it can also be granted by local authorities when there is a delegation of powers in their favor.

Need help? If you need a notary in Barcelona to obtain the habitability certificate, contact us.