The “CERTIFICADO DE HABITABILIDAD” is a matter that frequently arises, especially in the context of property sales, and often raises numerous concerns regarding its mandatory nature and the need to renew expired certificates.
This document is requested once the construction of a dwelling has been completed and certifies that it complies with all safety and habitability regulations and requirements. Additionally, it is essential to submit it obligatorily to water and electricity service providers in order to contract these utilities.
Once the utilities have been established, it is common for the certificate to be forgotten since it is only required in infrequent circumstances. These certificates have a validity period of 10 years.
The obligation to provide a copy of the certificate comes from the housing law Article 16: Law 5/2018 of June 19, on housing in the Balearic Islands, which requires referencing the status of the habitability certificate in notarial deeds of property sales, considering three scenarios:
- If the habitability certificate does not exist or is not provided.
- If the document is submitted with an expired date.
- If the expired document is provided along with a renewal request to the buyer, with a commitment to provide the renewal once obtained.
- If a valid habitability certificate is provided.
In all these cases, it is necessary to obtain the buyer’s consent and acceptance to formalize the sales deed.
Currently, the “cédula de habitabilidad” are no longer issued for new construction projects. After the completion of construction, the Municipality will grant the “CERTIFICADO DE PRIMERA OCUPACIÓN”), which is equivalent to the “cédula de habitabilidad” and must also be renewed every 10 years after its expiration, as stipulated in Article 3.3 of the IBIZA INSULAR REGULATION ON THE ELIMINATION AND REDUCTION OF ADMINISTRATIVE BURDENS IN MATTERS OF HABITABILITY, URBAN PLANNING, HISTORICAL HERITAGE, AND THE PROMOTION OF AGROESTATES AND THE COMMERCIALIZATION OF TOURIST STAYS IN COUNTRY HOUSES, UNDER THE MAIN RESIDENCE RENTAL MODALITY, in effect since July 2022.
It is essential to stay informed about local laws and regulations before proceeding with a real estate transaction to ensure compliance with all applicable legal requirements.
We hope this brief summary has clarified this topic, which can often generate some controversy. If you need additional information on this matter, please do not hesitate to contact us. We will be delighted to provide our assistance.”
