The Cédula de Habitabilidad (aka Licencia de Primera or Segunda Ocupación called) is an administrative document that confirms that a property meets the minimum requirements for habitability, hygiene and safety. Without this document, a property cannot legally be connected to utilities such as water, electricity and gas. For Belgian buyers, this document is best compared to the Flemish certificate of conformity, but with more far-reaching legal implications for ownership transfer and leasing.
What exactly is the Cédula de Habitabilidad?
The Cédula de Habitabilidad is the official certificate, issued by the municipality (Ayuntamiento), that your flat or villa meets strict local, technical housing standards. The document guarantees that the property can be legally occupied.
There are usually two variants, depending on the status of the property:
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Licencia de Primera Ocupación: For new-build homes (first occupancy).
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Licencia de Segunda Ocupación: For existing homes (resale).
Expert Insight: "Do not think of the Cédula as a mere administrative piece of paper. It is your 'passport' to the house. Without this document, the house may exist physically, but legally it is uninhabitable."
Why is the Cédula crucial in new construction?
In new construction projects in Spain, the Licencia de Primera Ocupación The absolute capstone of the buying process. Without this certificate, you cannot legally occupy the property and water and electricity meters cannot be installed.
Legal blocking at the notary
Since July 2008, regulations have been tightened: a newly built house cannot legally be transferred without a valid Cédula.
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Consequence: Notaries are allowed to sign the deed of sale (Escritura) do not finalise.
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Registration: Without a deed, the property cannot be registered in the Spanish property register (Registro de la Propiedad).
Advice for buyers on plan: Pay the last instalment (often 10% to 20% of the purchase price) never before the project developer's Licencia de Primera Ocupación effectively submitted. In practice, we see delays at the municipality causing unexpected delivery problems.
Read more tips on buying on plan in Spain.
Is the Cédula compulsory when reselling (Existing homes)?
When buying an existing property (Resale), the situation is more nuanced, but vigilance is required. Although in some Spanish regions it is legally possible to sell a property without a valid Cédula, this is guaranteed to lead to practical problems for the buyer.
The problem with utilities
Commercially and practically, the certificate is indispensable. Utility companies require a valid Cédula (which must be in the new owner's name or transferred) to activate or take over contracts for water and electricity.
Validity and renewal
The period of validity of residential certificates varies by autonomous region, but the general rules are:
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Older certificates: Often valid for 5 or 10 years.
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Recent certificates: For new construction, the trend is that in some regions they no longer have an expiry date, provided there are no structural changes.
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Renovations: If you carry out notifiable renovations that change the layout of the building, the old attestation will expire and you will be required to apply for a new conformity certificate.
The impact on rentals in Spain
Do you want to rent out your Spanish property? Then the Cédula de Habitabilidad is a hard requirement. To obtain a tourist rental license (Vivienda Turística), regional authorities (such as the Junta de Andalucía or Generalitat Valenciana) require a valid habitability certificate to be present.
Risk: Especially for older properties, the attestation is often expired. Without renewal, legal rental to tourists is impossible and you risk heavy fines in case of inspections.
Read more about the obligations when letting in Spain.
How do you apply for a Cédula de Habitabilidad?
Applying for the attestation is done at the local municipality where the property is located. The procedure usually requires the intervention of a technical expert.
The roadmap:
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Technical inspection: A registered architect or technical engineer (aparejador) visits the property.
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Certification: The architect will prepare a report confirming that the house meets the housing standards.
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Submission: This report, along with the tax payment, is submitted to the municipality.
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Issue: The lead time varies greatly from one municipality to another (from a few weeks to several months).
Frequently asked questions (FAQ)
The questions below are frequently asked of our legal advisers and directly answer common ambiguities.
1. Can I buy a house in Spain without a Cédula de Habitabilidad?
Legally, when reselling (second-hand), in some regions it is possible to sign the deed without a valid Cédula, provided you, the buyer, explicitly declare that you are aware of its absence. However, we generally strongly advise against it. Without this document, you cannot put water or electricity in your name.
2. What does it cost to apply for a new Cédula?
The cost consists of two parts: the architect's fee (for the technical report) and municipal taxes. On average, count on a total amount of between €150 and €500, depending on the size of the property and the rates of the specific municipality.
3. Is the Cédula the same as the energy performance certificate (EPC)?
No, these are two different documents. The Cédula is about habitability (space, ventilation, safety). The EPC (Certificado Energético) indicates the home's energy efficiency.
4. How long is a Cédula de Habitabilidad valid?
This depends on the date of issue and the region. For older certificates, there is often a deadline of 10 years (previously 5 years). In some regions, new certificates for new construction are now valid indefinitely, as long as no structural changes are made to the property. Always check the expiry date on the document.
About the author: Glenn Janssens is a lawyer specialising in Spanish real estate transactions and tax regulations. Since 2017, he has been helping Belgian and Dutch individuals and entrepreneurs to safely purchase and structure real estate in Spain. He guides files from A to Z: from due diligence, ownership and tax control to estate planning and optimisation for residents and non-residents. Thanks to his years of experience, hundreds of handled files and focus on transparent communication, Glenn makes complex Spanish legislation understandable and practically applicable for every property buyer.
