What is the Habitability Certificate?


The occupancy licence is a document that appears in Law 3/2004, 30 of June, of Generalitat, Ordenación y Fomento de la Calidad de la Edificación (LOFCE).

For all the current constructions, even if is in total or individual parts, the municipal occupancy licence has the purpose of verify the adaptation of the building as the law says, dependent on use and characteristics of the buildings.


When is necessary to renew the occupancy licence?


Ten years after the first occupancy licence will be necessary to renew it on the following situations:

  • If you decide to sell your home.
  • If you decide to sign a contract with a new water, gas or electricity supplier.


How you can HAVE the Habitability Certificate?


To have the second occupancy licence the owners should ask the Council, carry on a certificate approved and signed for a Technician Architect or Architect, explaining that the building continue being suitable to live in.







When can we legalise constructions by certificate of antiquity?


Certificate of antiquity of a building or construction that is for any reason illegal, allows register into the Property Register Office the public Escritura a declaration of Obra Nueva whenever the period has already expired. This period is actually 10 years after the end of the construction.


Certificate of antiquity contents.


The contents that a certificate of antiquity should have so that we can register on the Property Register Office are the followings:

  • Reason of why we need the certificate.
  • Construction end date, you have to prove it by documents.
  • Construction description, it should be the same as in the public Escritura.


Among the different types of documents that allow you to approve the age of a building are the followings:

  • Dated pictures obtained from recognised sources.
  • Plans extracted from the urban planning, in which the property is clearly distinguished.
  • Contracts of water, electricity and gas suppliers.
  • Land registry certification (cadastre).


Certificate of antiquity limitations.


The Certificate of antiquity does not mention aspects related to the habitability or the security of the property, so that it is not enough to give a particularized recognition of the situation of the property. For the habitability and the security, you need the End Date Work Certificates that are part of the legal documents.


As the Real Decreto 1000/2010, the certificate of antiquity does not require any endorsement.

The geographical area for the professional service we offer covers the entire national territory.







What is the Energy Certificate on the existing buildings?


The energy certification is based on the Energy Certificate, which is a document that will describe how effective a property is in terms of energy use.

The Energy Rating of the property is determined by a label. This document is governed by Real Decreto 235/2013 of 5th April, which approves the "Basic Procedure for the Certification of Energy Efficiency of Buildings".


What law on energy certification of properties is applicable in Spain?


The regulation applicable in Spain is in Real Decreto 235/2013 of 5th April, 2013, with publication in the B.O.E. 13th April 2013. "Basic procedure for the Certification of Energy Efficiency of Buildings".

In addition, with the new Law 8/2013 on Restoration, Regeneration and Urban Renovations, offences and sanctions in matters of energy certification are already clearly stated.


Does it represent a tax collection by the Government?


The energy certificate is part of a mandatory European administration of 2002. It comes from European legislation. It should have been applied in Spain some time ago, and it is normal with the current situation, this certificate generates doubts about its purpose. All countries of the European Union already apply this regulation, most of them since 2007. The objective is to inform citizens about the energy use of their homes.


What does the Energy Certificate contain?


This document contains about 10 sheets, by the simplified method. Which can be provided voluntarily with all the additional information that the Certifying Technician considers opportune: Cadastral, Photographs of the property, sketch of the property and document attached addressed to the consumer where we offer a guide with a report or guidelines so that your expense at the end of the month - with reference to energy- be lower in your bills. Evidently this point may affect the price offered by the Technician to the client.


Should the Energy Efficiency Certificate be registered?


Yes ... The energy efficiency certificate of the building must be submitted, by the developer or the owner, where appropriate, to the competent body of the Comunidad Autónoma in terms of energy certification of buildings, for the registration of these certifications in their territorial area.

The Comunidades Autónomas must prepare a public access register. The maximum term estimated by this Real Decreto will be three months from the date of entry into force, that is, from 14th April 2013.


What validity / duration will the energy certification of a property have?


Article 11 of R.D. 235/2013 indicates that the energy efficiency certificate will have a maximum duration of ten years.

The duration of the renewal of this Document will depend on the Comunidades Autónomas with a maximum of ten years. That is, they can establish, five years, three or ten years.


What is the purpose of the Energy Label? Characteristics and doubts


The certificate of energy efficiency of the building must be submitted, by the promoter, or owner, where appropriate, to the competent body of the Comunidad Autónoma in terms of energy certification of buildings (As stated in the Law), for the registration of these certifications in its territorial area. With which a Registration Number will be obtained.

See Energy Label Model and all its characteristics.


Which properties are required to obtain the Energy Certificate?


Private properties: It will be required for all private properties in contracts of sale or lease from 1st June 2013. Both in buildings or parts, new or existing.


Could we make Energy Certificate of a complete building?


Yes ... Having reached this point, an energy certificate can be made that corresponds to the total description of the Building. To consider, that there will be properties individually can have a higher mark than others, according to their characteristics. An example would be for a house completely renovated in a building of the 80s. There are many possibilities that the present house individually can have a higher mark than the one collected in the global report of the Building.


The future of energy certification?


It is expected, as it has happened in other countries, that public administrations have in mind the energy efficiency to regulate a greater or lesser tax burden depending on the energy rating of the property.