When buying, legalizing, or registering a property in Spain, understanding the difference between the “Certificado de Antigüedad” and the “Certificate of Habitation” (also called Licencia de Ocupación) is essential. Both are often required in property transactions, but they serve different purposes and are issued by different authorities.
Below we explain what each certificate is, what it’s for, and when you might need one or both.
What Is a “Certificado de Antigüedad”?
The Certificado de Antigüedad is a technical certificate issued by a private, qualified architect confirming the age of a building or structure. It typically includes:
The date when the construction was completed (based on visual inspection, aerial photos, and satellite imagery).
A technical description of the building: dimensions, materials, and use.
Plans or layout drawings if necessary.
What Is It Used For?
This certificate is commonly used when:
You need to legalize an existing building that was constructed without a building license.
You want to register a rural house, extension, pool, or outbuilding in the Land Registry (Registro de la Propiedad).
You apply for prescription-based legalization (legalización por antigüedad) of buildings older than the local limitation period (depending on regions – 6 years in Andalucía, Madrid – 15 years in Valencia etc)
The property lacks official documentation but is eligible for “de facto” recognition.
Important: The Certificado de Antigüedad does not guarantee that the construction complies with urban planning laws. It simply certifies how long the building has existed.
What Is the “Certificate of Habitation” (Licencia de Ocupación)?
The Certificate of Habitation, also known as Licencia de Primera Ocupación (for new builds) or Licencia de Segunda Ocupación (for resales or older properties), is an official document issued by the local Town Hall.
It confirms that:
The property was built in accordance with planning permission and building regulations.
The property is suitable for human habitation.
It has the minimum standards of safety, health, and comfort (sanitation, electricity, access, etc.).
Why Is It Important?
It’s required to contract water and electricity supplies in your name (especially for new buyers).
It is often required for selling, renting, or applying for a tourist rental license.
Some banks and notaries require it to proceed with the sale or mortgage.
The process usually involves hiring an architect or technical engineer to inspect the property and prepare a technical report, which is then submitted to the Town Hall with payment of municipal fees. The procedure may vary depending on the municipality.
Summary: Key Differences Between the Two
| Certificado de Antigüedad | Certificate of Habitation / Licencia de Ocupación | |
|---|---|---|
| Issued by | Private architect | Local Town Hall (Ayuntamiento) |
| Purpose | To certify the age of an existing construction | To confirm the property meets legal standards for habitation |
| Used for | Legalizing or registering old or unlicensed buildings | Getting utilities, renting, selling, obtaining tourist license |
| Guarantees legality? | ❌ No (only certifies age) | ✅ Yes (confirms legal construction and habitability) |
| Required in | Rural areas, undocumented extensions | All urban areas, property transfers, utility connections |
Do I Need Both?
In some cases, yes. For example:
If you buy a country house (finca rústica) built without a license, you may need a Certificado de Antigüedad to legalize and register it, and later obtain a Certificate of Habitation if you intend to live in it or rent it out.
If the property is in a regular urban area but hasn’t been inhabited for years, you may be required to renew the Licencia de Segunda Ocupación before contracting utilities or selling it.
Conclusion
Understanding the difference between these two certificates is vital to avoid legal problems, utility delays, or future disputes with the Land Registry or local Town Hall.
If you’re unsure which documents your property needs—or if you want to buy or sell a home in Spain—our legal team can guide you through the entire process.