Economy and Mortgages

Can the property be registered without a certificate of occupancy?

21 APR 2022
READING TIME:  4  Minutes

Habitability Certificate


To live in a house, all you need is four walls and a roof. Or not? There is a big difference between what you think you need in a house to move into and what the authorities estimate.

The first of these differences has a proper name: certificate of habitability. Keep reading, this will interest you!

What is the certificate of habitability and why is it important?

The certificate of habitability is an administrative document that certifies that a home meets the minimum basic conditions for living in it in terms of health, hygiene and safety of the building.

In other words, it is a guarantee that the house will not collapse, that the sanitary systems work and that it meets a series of minimum criteria in terms of the surface area of the house (not all sizes are suitable) or height. The minimum, you might be thinking, right? Well, it is more important than it seems!

Furthermore, it is a necessary document to buy or sell a house and even to register household supplies in several autonomous communities. This is the case in Cantabria, Asturias, the Balearic Islands, Catalonia, Extremadura, La Rioja, Murcia, Navarra and Valencia. In other communities, the habitability certificate has been replaced by the first occupancy license.

How to get it

Just as there are communities that require it and others that don't, the requirements to obtain the ID depend on each City Council and here, every master has his own book, as they say.

What doesn't change is the general process (thank goodness!). Thus, you will need an architect or a surveyor to inspect the house and issue a certificate, which is what you will present to obtain the certificate.

The ID card is valid for 15 years, although you may need a new one if you carry out major renovations to your home that affect its structure.

Can a property be registered without a certificate of occupancy?

We would like to say “yes”. We are more “yes” than “no” people, but you already know that at Hipotecas.com we like to always be clear and transparent. The answer depends on each autonomous community . There are communities that do allow the registration of the property without the certificate of habitability and others that do not. That is why it is important that you inform yourself before buying the property.

There is also an exception to the general rule , the first is when the house being sold needs a complete renovation. In that case, it can be registered without the certificate, but it will have to be obtained after making the renovations in order to be able to move in.

For these cases, there are also mortgages to buy a house and renovate it, in which this document is not usually requested. In a mortgage to buy a house, it is possible that the financial institution does request it.

What to do if your house does not have a certificate of habitability

Imagine that you have been sold a house without a certificate of occupancy or that you have already signed the deposit contract without checking it. What can happen in these cases? Well, basically you will have to worry about obtaining it.

You need to have the ID card or the first occupancy license to be able to live in the house and even to register supplies such as water or electricity.

As an example, imagine that a developer has finished the work and asks you to sign the deed for the property, but he does not yet have the certificate of occupancy. In this case, you could refuse to sign until you have the document, stating the reasons.

This is one of the reasons why it is important to check certain data before buying a house, such as finding out if the property is already mortgaged.

Can I apply for a mortgage if the house does not have a certificate of occupancy?

Although the certificate of habitability is not mandatory, it is very likely that without it you will not be granted a mortgage, since buying a home without this certificate is neither legal nor safe. Therefore, it is highly recommended that you have one if you are thinking of buying a house.

The UCI blog posts cover current issues that are intended to be useful to our readers. However, it is possible that some of the less recent posts contain out-of-date information, so it is necessary that you always check the publication date of the post.

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