Certificate of Habitation in Spain: Legal Value, Requirements and Implications for Rustic Properties
What Is a Certificate of Habitation?
The Certificate of Habitation—also known as Cédula de Habitabilidad or Licencia de Primera o Segunda Ocupación—is an official document issued by the Town Hall (Ayuntamiento) that certifies a property complies with the legal standards of habitability. It confirms that the dwelling:
Was legally built or properly legalized
Meets structural and sanitary conditions for occupation
Is suitable for residential use under Spanish building regulations
Has access to basic utilities like water, electricity, and sanitation
This document is essential not only from a legal point of view, but also for practical matters such as connecting or transferring utility contracts, selling, or renting the property.
When Is the Certificate of Habitation Required?
For New Properties (First Occupation License)
Since the Spanish housing reform of 2008, newly built homes cannot be sold without the First Occupation License. This is a mandatory requirement for developers and builders before signing at the notary.
For Renovated or Older Homes (Second Occupation License)
In resale properties or homes that have undergone substantial renovations, the Certificate of Second Occupation is often required. Although it is not strictly compulsory by national law to complete the sale, many regions and municipalities request it as a guarantee of legal conformity.
Is It Mandatory for Rustic Properties?
Here is where legal complexity arises. In urban areas (Madrid, Barcelona, Bilbao, Gijón), the issuance of this certificate is more standardized and forms part of routine transactions. However, in rural or rustic zones, such as country houses or “fincas rústicas,” the situation varies greatly depending on:
The local urban planning status of the land (urban, rustic, out of planning)
Whether the property was legally constructed or is considered “out of order” (fuera de ordenación)
If there is a previous DAFO/SAFO legalization
Municipal willingness to issue the CH in non-urbanised areas
In many rustic municipalities in Andalusia, Castilla-La Mancha, or Valencia, properties built without the necessary licenses cannot obtain a Certificate of Habitation until they are formally regularized.
Consequences of Not Having a CH
Even though the certificate may not always be requested by the notary to sign the sale deed, not having it may cause serious issues for the buyer:
1. Inability to Transfer Utility Contracts
Utility companies (electricity, water, gas) often require the CH to confirm the legal use of the property as a dwelling. If the CH is missing, the company may:
Refuse to transfer the contract to the new owner
Cancel the supply due to illegal use
Limit the electric power to levels appropriate for a shed, storage, or agricultural use, often as low as 3.3 kW
For example, buyers of a house declared originally as an “almacén” (warehouse) or “albergue” (hostel) may find their power capped and be unable to upgrade it without presenting a CH for residential use.
2. Lack of Legal Recognition as a Dwelling
Without a Certificate of Habitation, the property may not be legally recognised as a house. This can impact:
Access to insurance
Urban development grants or subsidies
Mortgage financing
Tourist rental licenses
Fiscal benefits (such as principal residence tax deductions)
3. Limitations on Resale or Future Investments
Buyers may encounter difficulties when trying to resell the property, as the next buyer—or their bank—might demand the certificate to ensure full legal security.
How to Obtain a Certificate of Habitation
If a property does not have a valid CH, it is the seller’s responsibility to regularize the situation before the sale. This generally includes:
Technical Report by an Architect
A certified architect visits the property, checks compliance with safety and health standards, and issues a “technical habitability report.”Submission to Town Hall
The report is filed along with supporting documents (plans, licenses, title deeds) and the administrative application for the CH.Payment of Local Fees and Inspection
Some municipalities conduct an on-site inspection to confirm the conditions before issuing the CH.Timeframe and Cost
Depending on the region, obtaining the CH can take between 1–3 months and cost between €200–€800 including taxes and technical fees.
Validity Period
The validity of the CH depends on local regulation but typically ranges from 10 to 25 years. After that, a renewal or new inspection may be required, especially in the case of property transfer or renovation.
Legal Workaround: Certificate of No Urban Infringement
If the Town Hall refuses to issue the CH—particularly common in rustic or partially legalised properties—sellers can provide a “Certificado de No Infracción Urbanística”. This certificate confirms:
No urban infractions are recorded on the property
There are no demolition or sanctioning orders pending
Although this is not a replacement for the CH, it can provide minimum legal security and allow the notary to authorize the sale, especially if the buyer assumes the risks.
Variations by Region
The application and enforcement of CH requirements vary widely across Spain:
In Madrid, Barcelona, Bilbao, and Gijón, CH is strictly regulated and enforced, especially for mortgage-backed sales or urban apartments.
In rural provinces of Andalusia, Valencia, Murcia or Castilla-La Mancha, the issuance of CHs is more flexible or even unavailable for certain properties—especially in “out of planning” areas (fuera de ordenación).
Some Town Halls allow water and electricity contract changes without a CH, but this depends entirely on local policies and should be reviewed case by case.
Final Recommendations for Buyers and Sellers
Although not always mandatory, the Certificate of Habitation should be considered essential for buyers, especially when:
The property is located in a rustic or semi-rural area
The electricity and water contracts must be transferred or upgraded
You plan to rent the property legally (long-term or tourist rental)
You wish to sell it again in the near future
You seek full legal and fiscal certainty
Before buying or selling a rustic or unusual property, always seek professional advice to determine whether a Certificate of Habitation exists or can be obtained.