Just what is the Cédula de Habitabilidad?
In short it is a document issued by the local authority, upon request (it is not automatic), it has a term of 15 years and needs to be renewed upon expiry. The document confirms that a property conforms to certain minimum requirements and that it is fit for purpose – ie that the property can be inhabited.
The certificate – Cédula de Habitabilidad – is required;
To legally occupy a property
To have services such as water and electricity connected to your property
It is also now required to be produced to a Notary if you intend to sell your property on as a habitable structure.
It is required if you let out your property.
Please be advised that if you let property out on a commercial (tourism) basis there are further regulations that have to be adhered to – failing to adhere to such regulations can lead to fines, imprisonment and confiscation of property.
The legal Decree 55/2009, came into force on October 9, 2009, and replaces Decree 259/2003 of 21 October; this decree sets out the minimum requirements of habitability for residential buildings – it sets out the minimum requirements to obtain the certificate to confirm the right of occupancy in Catalonia and details circumstances when previous certificates would be revoked.
If you have taken possession of a new construction this certificate should in general, be obtained and provided by your builder or architect in order that the property can be legally entered into the property escritura by a Notary as a habitable home.
For a self build providing you have all the relevant papers you can apply yourself to the appropriate authority.
The decree supersedes all previous legal doctrines.
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The information contained on this subject does not form any part of a contract, always seek independent legal advice. Spanish Planning Permission division of N5 Group - Immobilière Mottram.