Licence of First Occupation: A Complete and Updated Guide
Discover everything you need to know about the licence of first occupation in Spain, its importance, how to obtain it, and the necessary documents for its concession. Following you will find an essential guide for property owners and buyers.
What is the Licence of First Occupation?
The license of first occupation is a permit granted by the Public Administration that certifies a property meets all legal requirements from an urban planning perspective. Issued by the local Town Hall where the property is located, it ensures that the construction or refurbishment complies with current town planning regulations.
How to obtain the Licence of First Occupation?
Licence application
The application for the license of first occupation can be submitted by the construction company, the person responsible for the renovation, the architect, the property owner, or a legally authorized representative.
Once the provided documentation is reviewed and verified that all legal requirements for habitation are met, the local council will approve the application. If there are deficiencies, they must be corrected, and the application resubmitted.
Documents Required for the Licence of First Occupation
In order to obtain the licence of first occupation, it is necessary to present several documents related to the property and the applicant:
- Applicant´s ID (DNI or NIE)
- Copy of the property title deed
- Application form
- Construction completion certificate
- Proof of payment of the fee associated with the procedure
- Additional reports that may be required on a case-by-case basis
However, during the home inspection, additional documents may be requested, such as the energy efficiency certificate, waste certificates, or water and electricity supply documents, among others.
The Architect and the Responsible Declaration
The architect plays a crucial role in this process, being responsible for the project design and ensuring compliance with all planning and building regulations.
Once the construction is finished, the architect must issue a completion certificate, known as “Declaración Responsable” (or Responsible Declaration, in English), confirming the construction adheres to the approved project and legal urban requirements. This certificate is essential for applying for the licence of first occupation.
Upon presenting the Responsible Declaration to the Town Hall, the property is authorized for occupation and use, allowing for the necessary utility connections to be contracted.
In most cases, the architect will assist in managing and submitting the application for the licence of first occupation to the relevant authorities, simplifying the process for the owners.
When do you have to present the licence of first occupation?
In the Valencian Community, Decree 12/2021 mandates the Responsible Declaration of first occupation in the following cases:
- First occupation of residential buildings and their installations.
- First occupation of dwellings undergoing extension, alteration, refurbishment or renovation.
- First occupation of buildings and installations changing their use to residential, such as commercial spaces.
Why is it important to have the licence of first occupation?
Obtaining a licence of first occupation is essential for homeowners, as it certifies that the property complies with the legal regulations for residential use.
Its importance is undeniable as it constitutes the essential document for contracting basic utilities such as water, electricity and gas, which are necessary to live in the dwelling. Without a valid licence, these utilities cannot be accessed, and the property may be deemed uninhabitable, affecting its sale or rental.
With that said, the absence of this licence may justify the annulment of a purchase contract.
Consequences of not having the Licence of First Occupation
Living in a property without a licence of first occupation can lead to significant fines and penalties due to health risks. Additionally, the property is considered legally uninhabitable, preventing the contracting of utility services, as well as its rental or sale as a dwelling.
How to check if your property has a licence of first occupation
To verify if a property has the licence of first occupation, head to the corresponding Town Hall where the dwelling is located and submit an application form along with the proof of payment, a photocopy of the owner’s ID and a copy of the property title deed.
When does the Licence of First Occupation expire?
This document is valid for 15 years. If you do not have the licence or it has expired, you will need to apply for a new licence or the corresponding renewal.
Frequently asked questions
The license of first occupation is a permit granted by the Public Administration that certifies a property meets all legal requirements from an urban planning perspective.
The application can be made by the construction company, the person in charge of the renovation, the Architect, the property owner, or a legal representative.
You need the DNI or NIE of the applicant, a copy of the property title deed, the application form, certificate of completion of the works, proof of payment of the associated fee, and possible additional reports requested by the Town Hall.
It is compulsory for newly constructed buildings, refurbished or extended dwellings, and buildings changing their use to housing.
It certifies that the property complies with legal regulations and is required to contract basic utility services such as water, electricity and gas.
Without this licence, the property is considered uninhabitable, preventing the contracting of supplies, and its sale or rental as a dwelling.
The licence of first occupation is a crucial document to ensure a property complies with legal regulations and is fit for habitation. It is essential for contracting basic services and for any legal transactions related to the property.
For any queries, as it is an essential aspect regarding the dwelling, please contact our Real Estate expert Lawyers and Architects in this matter for an appropriate assistance.
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