Occupancy Certificate: application for first occupancy, renewal or deficiency?

The occupancy certificate is a document that guarantees the minimum conditions of hygiene, measurements and installations of a property, certifying that it is "habitable". This document is necessary in case you want to sell the property, rent it, or contract the services of electricity, water, telecommunications or gas.

 

In the case of the purchase of a property in Mallorca, the delivery of this document is not a legal requirement, but there is an obligation to indicate whether or not the certificate is provided in the transaction. According to current regulations, a copy of the current occupancy certificate must be included in any transfer by sale, rental or assignment of use in the Balearic Islands. If the certificate or the qualification is not available, this fact must be expressly stated in the contract or deed, and the responsibility for obtaining and renewing this document lies with the owner of the property.

 

 

How can a homeowner apply for the occupancy certificate?

Certificate of first occupation: This is issued when new construction, extension, reform and refurbishment works (integral or partial) have been carried out, which affect more than 60% of its distribution, consolidation, change of use or restoration. For this, it will be necessary:

• Documentation accrediting ownership (title deeds, registry note, etc.).
• Municipal building permit.
• Certificate of completion and occupancy certificate issued by the project management.
• Updated and descriptive photograph of the façade or façades, dated and signed by the   competent technician.
• Site plan of the building.

 

 

Certificate for renewal: This is provided when the occupancy certificate has expired and none of the above circumstances are present for requesting the document of first occupation. It should be noted that the occupancy certificate expires after 10 years, regardless of their owners, occupants or users. The following must be provided:

• Documentation accrediting ownership (title deeds, registry note, etc.).
• Copy of the last granted certificate.
• Updated and descriptive photograph of the façade or façades, dated and signed by the competent technician.
• Site plan of the building.

 

 

Certificate due to deficiency: This is for properties that have never had an occupancy certificate. It must be accredited that the property was built before 1st of March, 1987, also accrediting the absence of urban development infringement and that since the aforementioned date it has not been the object of any of the works or actions detailed in the concept of the occupancy certificate of first occupation. The following must be provided:

• Documentation accrediting ownership (title deeds, registry note, etc.).
• Certificate issued by the Town Hall Secretariat, with the approval of the Mayor's Office, certifying that the aforementioned building was completed prior to 1st of March, 1987, that there are no urban planning infringements, and that no works have been carried out without a municipal licence.
• Updated and descriptive photograph of the façade or façades, dated and signed by the competent technician.
• Site plan of the building.

 

Many homeowners do not know if their property has an occupancy certificate, either because they did not receive it when they bought it or because it is not included in their documentation. There are also frequent doubts as to when it is necessary, or what problems the impossibility of obtaining it may cause them. The need to have the document always arises at the worst moment, when you want to sell your house, carry out a reform, contract new supplies, or rent for holidays. At Illeslex Abogados we offer you our services and put ourselves at your disposal, as experts in town planning and real estate law.

 

Elisabeth Bonet
ILLESLEX

 

 

 For additional information on the content of this document,
you can contact ILLESLEX at  info@illeslex.com

 

 

 

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