The habitability certificate is a document that guarantees compliance with the minimum levels of habitability required in a home. It certifies that the property meets minimum technical and hygienic-sanitary requirements. In addition, in newly built properties, this document guarantees that the mandatory quality controls in house construction are met.
The 65.1 article of the Autonomous Law 18/2007, on the Right to Housing provides that the transmitters of the property will have to deliver to the purchasers the certificate of habitability, or the final qualification certificate in the case of an officially protected dwelling. In addition, it is not only used for home broadcasts, but also to rent it or to register certain supplies
The certificate of occupancy is mandatory in housing transfers. However, there is a exception: In those homes that are not newly built, their presentation will be dispensed with if the purchasers expressly exonerate it, and provided that a report issued by a competent technician proves that the home can obtain the habitability certificate after the execution of the rehabilitation works. Thus, it can only be exonerated if it is proven that after some rehabilitation works it can be obtained.
How can I obtain the certificate of occupancy?
It is a document that an architect or collegiate surveyor will have to certify. Once the building inspection has been carried out, it will issue a certificate that must be presented to the competent authority that will complete the procedure by issuing the certificate of occupancy. It can be processed at the Barcelona Housing Office Network, and you can get the forms to order at the website of the Generalitat de Catalunya Housing.
For more information regarding the documents necessary to carry out a sale, Click here.
Frequently asked questions about Certificate of Occupancy
The maximum period that the Generalitat of Catalonia has to notify the granting or denial of the occupancy certificate is 30 business days from the date on which the application with complete documentation is received in the Registry.
Living without a occupancy certificate is considered a serious infraction. The fine for having these documents can range from 90.000 euros to 900.000 euros in Catalonia.
The elements that are taken into account are the minimum useful surface area of the home, the free height, the openings and the minimum provisions. The report is completed by a certified professional who is usually a technical architect or higher.
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