In 2020, Andalucia gov converted the “Certificate of Habitation ” (Cédula de Habitabilidad) to the “License of First of Occupation” (Licencia de Primera Ocupación), and it was only requested to new buildings. This procedure and its implications is exactly the same as per other regions of Spain as Valencia region. (read our Article for Valencia Region here)
But, what is the case of old properties, or resales without Certiticate of Habitation?. Is this necessary to complete sales of properties?
In Andalucia is not common to get Certificate of Habitation in old properties. And, also, despite other regions in Spain, the CH is not needed to make the changes of water and electric contracts. So, most of property purchases in Andalusia are existing homes and some of these do not currently have a CH.
So, as result, even that there is not CH, the sale can be completed, and the changes of water and electric contracts can be completed in the name of the new owners.
But in case you needed to rent the property as per touristic use, some big platforms as AirBnb, Homeaway, Booking, etc, force owners to supply the Certificate of Habitation to publish the property in their platforms, and also it is a document requested by the administration to get the tourist license registration.
In order to solve this point, Andalucian Laws has created a document called “Declaración Responsable de Ocupación”.
So, in case your intention is to obtain a Tourist License, then, you will be requested to obtain what is called “DECLARACION RESPONSABLE DE OCUPACIÓN”. This is a document issued from the Town Hall and which substitutes the Certificate of habitation. For this, you will need to supply to the Town Hall:
- A certificate issued by an official architect with plans and details confirming the property fulfils with the habitation requirements.
- A document where the owner guarantees under its responsibility that the construction and the documents provided are according to law.
