Habitability certificate and first occupancy licence in Spain

When buying property in Spain, two documents certify that a home meets the minimum conditions for habitation: the cédula de habitabilidad (habitability certificate) and the licencia de primera ocupación (first occupancy licence). They sound similar and are constantly confused, but they are distinct documents issued by different bodies for different purposes. If you are buying on the Costa Blanca, you need to know which one applies to your situation.

What is the cédula de habitabilidad

The cédula de habitabilidad is an official document certifying that a property meets the minimum requirements of sanitation, hygiene and safety to be used as a residence. It is issued by the housing authority of the relevant autonomous community, following an inspection by a qualified technician (architect or technical architect).

During the visit, the technician verifies that the property meets minimum floor areas, ceiling heights, natural ventilation, lighting, functioning water and electrical installations and basic facilities (kitchen and bathroom). If everything is in order, the certificate is issued and registered electronically.

Is it mandatory across all of Spain?

No. The cédula de habitabilidad is not mandatory in every autonomous community. In 2026, it is required as a standalone document in communities such as Catalonia, Navarra, La Rioja, Cantabria and Asturias. In other communities — including the Valencian Community, Madrid, Andalusia and the Basque Country — the cédula has been replaced or absorbed by the occupancy licence, which serves an equivalent function.

In the Valencian Community, what is processed is the second occupancy licence (for existing properties), managed by local town halls. The procedure is similar: a technician inspects the property, issues a report and the town hall grants the licence. It is valid for 10 years.

When do you need it?

The cédula or occupancy licence is needed to:

• Activate utility connections — water, electricity and gas. Without it, utility companies may refuse to set up a contract.
• Complete the purchase: although not every community requires it for the deed, the notary may request it and the buyer should always insist on it.
• Apply for a mortgage: many banks require it as part of the transaction documentation.
• Rent the property out: in communities where it is mandatory, a rental contract cannot be formalised without it.

What is the first occupancy licence

The licencia de primera ocupación (LPO) is a document issued by the town hall certifying that a new-build property has been constructed in accordance with the project approved in the building permit and complies with current planning regulations.

Its purpose is not to verify habitability (though it presupposes it), but to confirm that the construction complies with urban planning law: that no extra floors have been added, that setbacks and heights have been respected and that common areas and parking match the original plans.

Who applies for it?

For new builds, the first occupancy licence is applied for by the developer, not the buyer. It is the developer's obligation to obtain it before handing over the keys. If you are buying a new-build property and the developer has not obtained the LPO, you have a serious problem: without it you will be unable to activate utilities or fully register the property.

The process can take several months after construction is completed, as the town hall must inspect the building and verify it matches the approved project.

Differences between the two documents

The confusion between the cédula and the licence is understandable — both relate to habitability — but there are clear differences:

• Issuing body: the cédula is issued by the autonomous community (or by the town hall by delegation); the LPO is issued by the town hall.
• What it verifies: the cédula checks habitability conditions (floor area, ventilation, installations); the LPO checks that construction matches the approved urban planning project.
• When it applies: the cédula can be requested for any existing property; the LPO only applies to new builds when construction has just been completed.
• Who requests it: the cédula is requested by the owner or buyer through a technician; the LPO is requested by the developer.
• Validity: the cédula typically lasts 10 to 25 years (depending on the community and date of issue); the LPO does not expire.

What about resale properties

Resale properties do not need a first occupancy licence (that was obtained when the property was new). What is needed, in communities where it is mandatory, is a valid cédula de habitabilidad or its equivalent (second occupancy licence in the Valencian Community).

If the cédula has expired, the seller must renew it before the sale. The process involves hiring a technician to inspect the property and issue a new certificate. In the Valencian Community, the total cost ranges from 90 to 150 euros (technician visit, certificate and electronic filing) and the process usually takes a few weeks.

If the property has never had a cédula — common in very old buildings or properties that have changed use — it may be necessary to upgrade the installations to meet current regulations before one can be obtained.

What to demand as a buyer

Regardless of the autonomous community, as a buyer you should always request these documents from the seller before signing:

• New-build property: first occupancy licence issued by the town hall. Do not sign without it. Verify that the developer has obtained it and that it is current.
• Resale property: valid cédula de habitabilidad or second occupancy licence. If it has expired, require the seller to renew it before the deed.
• In the Valencian Community: second occupancy licence (equivalent to the cédula), issued by the town hall, valid for 10 years. It is requested through an architect who files a responsible declaration with the town hall.

These documents not only confirm that the property is legally habitable — they also protect you from problems with utilities, the mortgage and any future rental plans.

Frequently asked questions

Can I buy a property without a cédula de habitabilidad?

Legally, yes — the sale can be completed without a cédula in many autonomous communities. But without it you risk being unable to activate utilities, which makes the property uninhabitable in practice. Always insist on it, even if local law does not expressly require it for the deed.

Who pays for the cédula de habitabilidad in a sale?

The seller. It is their obligation to deliver the property with documentation proving its habitability. If the cédula has expired, the renewal cost (90-150 euros in the Valencian Community) is borne by the seller.

Does the first occupancy licence expire?

No. The first occupancy licence has no expiry date. Once issued by the town hall, it permanently certifies that the construction was carried out in accordance with the approved project. What can expire is the cédula de habitabilidad, which must be renewed periodically.

What should I do if a new-build property lacks a first occupancy licence?

Do not sign the deed. Without an LPO, the property may have serious planning irregularities: unauthorised works, failure to comply with safety regulations or non-conformity with the project. If the developer is delayed in obtaining it, consult a lawyer about your rights: the Building Regulation Act (Ley 38/1999) protects buyers against developer non-compliance.

Are the cédula de habitabilidad and the energy performance certificate the same thing?

No. They are entirely different documents. The cédula certifies that the property meets minimum habitability conditions (floor area, ventilation, installations). The energy performance certificate evaluates the property's energy consumption and assigns a rating (A to G). Both are needed for a sale, but they address different matters.