When renting, you have to take many things into account: terms, contracts, obligations, rights ... But also the requirements and procedures. Among the conditions that may require us to rent a property, according to the Autonomous Community, is having the certificate of occupancy in force but what exactly? How is it obtained? We tell you!
What is the certificate of occupancy?
It is nothing more than a document that proves that a property meets the minimum habitability requirements, such as soundness, health and hygiene.
This document reflects the useful floor area, the minimum, the housing spaces and the minimum equipment.
As stated in Law 18/2007, the certificate of occupancy is mandatory to contract and register water, electricity and gas services. However, according to the Autonomous Community where we are, we will have to request the certificate of occupancy or, failing that, the first occupancy license. So, if the home you want to rent is in Catalonia, Murcia, Navarra, Cantabria, Asturias, Canary Islands or La Rioja, you must request the certificate of habitability of the property, while in the Community of Madrid, Castilla la Mancha, Andalusia, Castilla León, the Basque Country, Aragon and Galicia, it is requested to obtain the first occupation license on a property, and unless great works are carried out on the house, it does not need renovation.
On the other hand, we find an exception within the first occupancy license, as we mentioned, there are Communities that require a certificate of occupancy, which requires a periodic renewal, and others that request the first occupancy license, which does not require of renewal, except in the Balearic Islands and the Valencian Community, where you have to apply for a second occupancy license, in order to renew the first occupancy license.
What is the first occupancy license?
As the certificate of occupancy, the first occupancy license is an administrative document that certifies that the work of a home complies with the provisions of the work license and its corresponding technical project.
This license, like the second occupancy license, only requested in some communities and through the municipalities, is required for the following cases: new construction, legalization of housing, change of use (for example from premises to housing) and, application of tourist license.
The application and issuance of the first occupancy license depend on the requirements of each session, however, these are usually very similar to those required in the certificate of occupancy.
How is the certificate of occupancy obtained?
If you have never had a certificate of occupancy or it has expired, something that happens every 15 years, you should contact an architect or technical architect to request its issuance, certified by your Professional Association.
Once the document corresponding to the certificate of occupancy has been prepared, it must be submitted to the corresponding agency together with the rest of the documentation requested. The document prepared by the qualified technician about our house is called the certificate of habitability, although this does not mean that we have it approved, we must wait for the city council to give us its final assessment and therefore, the certificate of occupancy on the property. In approximately one month, the processing will be completed successfully and you will be given a physical certificate of obtaining it.
Each autonomous community is competent in the regulation of this requirement, so it is best to ask your city council or check the website of the government of your autonomous community. In this way, misunderstandings are avoided and you can expedite all procedures.