Can You Register a Property Without a Certificate of Habitability?

The Certificate of Habitability is one of the most important documents when buying or renting a home. It is the property owner's responsibility to provide this document to confirm that the property meets the minimum safety, hygiene, and habitability requirements. So, can you register a property without a Certificate of Habitability? Why is it so important? 

What is the Certificate of Habitability? 

To understand how to obtain a Certificate of Habitability, we must first know that it is an official document that certifies that a home meets the minimum legal requirements for habitation. These include essential conditions such as safety, hygiene, and adequate living space. 

Not all regions require this certificate. Currently, it is only mandatory in certain autonomous communities in Spain, such as Catalonia, Valencia, Murcia, Navarra, the Balearic Islands, Cantabria, La Rioja, Extremadura, and Asturias. 

To know how to get a Certificate of Habitability, check if your property meets the following criteria: 

• The structural integrity of the building must be guaranteed, with no construction risks. 

• The property must meet hygiene and health requirements, such as access to drinking water, proper ventilation, and sanitary facilities. 

• The habitable surface must be at least 36 m², with an appropriate layout for living, dining, and hygiene areas. 

• There must be connections to essential services such as water, electricity, gas, telecommunications, and sanitation. 

What Is the Certificate of Habitability For? 

This document is necessary in multiple situations, making it crucial to know how to obtain a Certificate of Habitability. 

• It ensures that a property is suitable for tenants when renting a home. 

• It is an essential requirement for registering basic utilities such as water, electricity, and gas. 

• It is mandatory when buying or selling a property to confirm its legal status as a home. 

• Banks require it when processing a mortgage, as part of the property valuation. 

Where and How to Obtain the Certificate of Habitability? 

To learn how to get a Certificate of Habitability, you must know that its issuance depends on the regional authority or the urban planning department. Depending on the autonomous community, obtaining the Certificate of Habitability may be managed through the local council or a specific housing entity. 

For homes built before 2004, the certificate is valid for 10 years. For newer properties, validity ranges between 15 and 25 years. If the certificate expires, it must be renewed through a new application. 

How to Obtain the Certificate of Habitability? 

To understand how to get a Certificate of Habitability, follow these steps: 

1. Submit an application to the relevant regional authority where the property is located. 

2. A certified architect or technician conducts a technical inspection to verify that the home complies with regulations. 

3. If the inspection is favorable, the certificate is approved and issued. If the certificate expires, it must be renewed through the same process. 

How to Verify if a Home Has a Certificate of Habitability? 

If a property already has a Certificate of Habitability, you don’t need to request a new one. You can check in several ways: 

• Ask the property owner or real estate agency, as they should provide this document. 

• Review the purchase or rental contract, where the certificate might be mentioned. 

• Request information from the local council or administrative body to confirm if the property is registered. 

What Happens If a Property Doesn’t Have a Certificate of Habitability? 

Registering a property without a Certificate of Habitability is complicated. If you don't know how to get a Certificate of Habitability because it is expired or missing, serious issues may arise: 

• In regions where it is mandatory, property owners may face penalties. 

• Understanding how to obtain a Certificate of Habitability is essential, especially if you plan to sell or rent your property legally. 

• Utility companies may refuse to connect essential services like electricity, water, or gas. 

• Tenants may face legal issues, as the rental contract may not be valid without this document. 

When Does the Certificate of Habitability Expire? 

The validity of the Certificate of Habitability varies by region but typically lasts between 10 and 15 years. Once it expires, a new inspection is required to renew it.