And what are those minimum necessary conditions?
Before calling the moving company, or before our friend picks us up in a rented van to help us move our belongings to the new house in exchange for a set lunch, the house we're going to must meet certain minimum habitability requirements: from the height of the ceilings to the width of the doors – unless you go to the gym and your wingspan is that of Mr. or Miss Olympia.In these lines, we want to explain to you clearly and practically the most important issues regarding the legal requirements and current regulations for obtaining the certificate of occupancy: costs, deadlines and consequences of not having it.
And why not, we'll also include some practical examples and a checklist so you can keep everything organized.
Legal context CTE and LOE
The living conditions of homes are like the beauty of people; they are primarily found on the inside. Both the Building Regulations Law (LOE) and the Technical Building Code (CTE) establish standards that guarantee the technical quality, acoustics, ventilation, health, insulation, and accessibility of any building.
This means that, in addition to meeting the minimum square footage or height requirements, your home must guarantee:
- Good thermal insulation: Remember that saying, "Kid, close the door or the cat will escape"? Well, the cat is all the heat and cold that escapes when your house isn't perfectly insulated.
- Adequate ventilation and natural light: This is where the saying "open the window, it smells like humanity in here" comes in. Because ventilation and natural light are crucial for living in comfortable conditions.
- Accessibility for people with reduced mobility: Thinking about the characteristics of other people's lives is key for us all to live together with an optimal quality of life.
- Safety in electrical, water and gas installations: It goes without saying that any type of leak can be a catastrophe for people.
Minimum dimensions and technical specifications
Madrid, Madrid, Madrid… Since we're talking about our country and Madrid is our capital, let's use it as a reference point to discuss regional regulations and the General Urban Development Plan. In this case, for Madrid.
Through a table, we will explain the measurements you need to take into account, and some clarifying observations on specific issues that, on some occasions, we overlook:
| Element | Minimum measures | Observations |
| Ceiling height | 2.50 m | Mandatory in all habitable rooms |
| minimum area | Studio: 25 m²; Standard apartment: 38 m² | It includes a living-dining room, kitchen, bedroom and toilet |
| Bedrooms | Single: 6 m²; Double: 10 m² | Each bedroom should have natural ventilation. |
| Living room | 10 m²; if kitchenette: 14 m² | |
| Kitchen | ≥ 5 m² | With independent flue |
| Bathroom | ≥ 1.5 m² | Independent, with toilet, sink and shower/bathtub |
| Hallways | ≥ 0.85 m | slightly wider entrance hall |
| Doors | Entrance: 2.03 × 0.825 m; rest ≥ 0.725 m | Minimum cleaning space: 0.625 m |
| Ventilation | ≥ 8% of usable area | Bathrooms and hallways can use forced ventilation |
From this point on, a house must have some minimum services that, nowadays, are things that we all have perfectly internalized but that, although it may seem unbelievable, are still non-existent in a large number of homes.
How do you feel when you get home and take a bubble bath? Having hot and cold water is one of the minimum requirements for a home. In that sense, proper drainage is a key function for a house.
Beyond that, you'll need electricity, a fully equipped kitchen with a sink, stove, and range hood, a washing machine hookup, telecommunications, and an intercom or equivalent. No, having a security guard to look after the keys isn't mandatory, but at least a way to communicate from the street other than the classic "Manolito, come up for dinner, your croquettes are going to turn to stone!"
The importance of accessibility in homes and common areas
If space is important in our lives, it's even more so in a common area. It's crucial that we start thinking about people with reduced mobility or certain difficulties moving around. And here, width will be key.
- Stairs: Although we love elevators and are devoted to pressing a button while our neighbor asks us "how's everything going," stairs are still essential in a house. They must meet the minimum width requirements for people with reduced mobility or wheelchair users.
- Doors and corridors: Just as stairs must have the necessary conditions so that everyone can use them, doors and corridors must be wide enough so that people with reduced mobility or in wheelchairs can move around comfortably.
- Energy installations: Hot water, lighting and heating must be functional and safe, meeting energy efficiency criteria according to CTE.
What is the cost of a certificate of occupancy?
The price of issuing a certificate varies, so we'll specify the cost of obtaining it as ranging from 85 to 200 euros .
And yes, time passes so quickly that we often don't even realize it. But, in the case of the occupancy permit, you should allow 30 days from the inspection and submission of documentation.
Steps to obtain your occupancy certificate
Things done step by step turn out better. In the case of the occupancy certificate, we recommend you follow this process:
1. Contact a qualified professional: for this we recommend that you consult an architect or a building surveyor.
2. Inspection of the property: measurement of surface area, review of installations, distribution and general condition.
3. Documentation gathering: This is the bureaucratic moment when you have to gather deeds, plans, installation reports, and previous certificates.
4. Preparation of the certificate: the technician issues the report in compliance with regulations.
5. Submission to the competent authority: consult with your City Council or the corresponding Autonomous Community.
6. Receipt of the certificate of occupancy: official document that certifies that the dwelling meets the minimum conditions for any person to live in it.
Hey, what if I don't have a certificate of occupancy?
To put it simply, a flat for sale that does not have a certificate of occupancy can never be registered, and the buyer must assume the regularization costs before completing the transaction.
If you want to convert a business premises into a home, remember that the ceilings must be at least 2.50 meters high and have a usable area equal to or greater than 25 square meters.
Older homes must undergo periodic inspections through ITE, update installations and comply with CTE regulations to obtain the certificate.
And, if it's a new apartment, the first occupancy license is essential before moving in.
If you do not have a certificate of occupancy, consider the following:
- The certificate of occupancy is so important that the first consequence is that you will not be able to contract the minimum services of electricity, water and gas.
- Furthermore, the dwelling may be considered legally uninhabitable. That is, no one would be allowed to live in it.
- Finally, you could face administrative penalties and complications in buying, selling, or renting.
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Requirement |
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Minimum surface area and distribution |
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Ceiling height |
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Accessible doors and hallways |
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Basic facilities (water, electricity, heating) |
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Complete kitchen and bathroom |
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Adequate ventilation and lighting |
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Legal documentation (deed, plans) |
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Technical certificate issued by a professional |
Without a doubt, a certificate of occupancy is the legal proof that a house is fit to be inhabited. It doesn't cost much, and it ensures your house is ready for anything you want. Are you young and have moved in with friends? Time to have a blast! Do you have a family and want peace of mind? The security of a properly equipped house is crucial.
Finally, remember that the Certificate of Occupancy is not the same as the First Occupancy License, as the latter is an additional document for newly built homes. Our article " Differences between Certificate of Occupancy and First Occupancy License " explains everything.
