License for initial occupancy
The developer of the property applies for the license once the building certificate has been approved by the architects' association. This license serves to verify that the new homes have been built in accordance with the technical building project submitted to the local council.
In addition, the license serves to confirm that the property can be used for residential purposes and that, therefore, you can apply for electricity, potable water, gas, and telecommunications services, which are the supplies necessary to live in the house. If you do not have an occupancy license, the town hall will cut off the supply of these services. The license is also necessary to register the new construction.
On the other hand, the license of the first occupation is needed when you want to sell or buy a property because if you do not have this license, the operation can be annulled and you can even request compensation for damages.
There are three types of licences depending on the type of work:
- New construction and complete renovations.
- Modifications to a building, such as an extension, e.g. increasing the number of houses.
- Modification of the building for another use, e.g. converting commercial premises into housing.
You will then probably be asked how long you will have to wait to receive the license after you have completed the application.
Generally, this procedure is handled in a few days. However, there are specific or particular circumstances that could increase the waiting time to several months.
This time will depend explicitly on each public administration. Some are more diligent and agile than others in making the relevant checks. However, in most cases, applicants for a First Occupancy Licence tend to wait a month for this document.
Obtaining a license for initial occupancy
The license must be applied for by the developer in the case of a new building or by the owner of the property at the town hall, and a series of documents must be submitted.
- DNI of the solicitor
- Final works certificate. This is the document drawn up by the architect and technical architect when the work is completed and must be approved by the corresponding professional association
- Act of final acceptance of the work
- Telecommunications bulletin with information on the installation of telecommunications services.
- Report from the supply companies on the connection system.
- Building permit
- Technical certificates of compliance with fire regulations and electrical installation certificates
The process to apply for the first occupancy license starts with the final review of the work by the project management, which is made up of the architect and the technical architect.
The second step is the signing of the completion certificate by the project management, the developer, and the builder.
The architects then sign the final building completion certificate, which must be approved by the relevant professional association.
After these steps, the developer has to apply for the first occupancy license by taking the final construction certificate and all the documentation to the town hall.
The next step is the review of the building work by the town hall technicians to check that it complies with the building certificate and that it does not breach the regulations. And finally, if everything is correct, the town hall grants the license of the first occupation.
If they find any defects, they must notify the owner of the repairs so that they can be remedied. Once the defect has been fixed, the town hall issues the license of the first occupation.
Therefore, the municipality can refuse the occupancy license if the municipal technicians find that the work does not comply with the conditions of the building permit and the modifications that have been made are contrary to the planning regulations.
The license of the first occupation, as explained above, is an administrative document issued by the town hall confirming that the works have been carried out in accordance with the regulations and the previously issued building permit.
The cédula de habitability is an administrative document that certifies that the dwelling meets the minimum conditions of habitability, including the number of square meters per room. A technical report from an architect is required in order to apply for the cédula at the town hall.
For this reason, it is important that you clarify all your doubts about this before starting any construction or refurbishment process and for this, we invite you to contact us.
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