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The first occupation license is the document that certifies that a home has been built or renovated according to the technical aspects exposed in a previously approved execution project. This basically means that Sky Marketing ensures that the home meets all health and safety requirements for residential use.

Despite its syntactic and functional similarity, the first occupation license should not be confused with the occupancy certificate, a receipt that can be requested when we register basic supplies (such as electricity, water or gas) and whose objective is to confirm that a house is habitable. Even so, and due to their similarity, in some Autonomous Communities, both documents (ID and license) have been unified.

What is the first occupation license for?

The main purpose of the first occupancy license is to legalize construction for residential use. Since this document is issued by a public administration (normally, a City Council) it is official and serves as a guarantee that the work or reform in question has been carried out in accordance with specific conditions.

It also certifies that all activities related to the construction or modification of the home are finished and that they comply with urban, environmental and safety criteria.

For practical purposes, the first construction license is essential to deed a home or to request a mortgage. In this sense, this certificate serves as a guarantee for anyone who buys a property. Moreover, in the courts and tribunals of our country some real estate sales have been declared void precisely because they lack this license and, therefore, cannot be registered as homes.

Finally, the water, electricity, gas or telecommunications companies can request the first occupation license (in some places the habitability certificate) to register us for their services.

→ It may interest you: Evolution of the sale of homes since 2008.

When do you have to apply for this type of license?

The first occupancy license is mandatory for all newly constructed buildings and homes.

It is also necessary when we carry out a comprehensive reform or when we implement works that substantially change the configuration, alter the use or modify the intensity of a building. This is what happens, for example, when applying for a first occupancy license for old houses when we have carried out an extension or rehabilitation in them.

In the same way, if you are going to convert a home into an office or if you want to build a home in an old commercial premise, you must have this license to corroborate its change for legal and urban purposes.

Currently, and according to our legislation, the first occupation license must be requested in these cases:

  • If you are going to build your house and you are going to live in it for the first time.
  • If you have carried out a reform in your home that has led to an extension or a new division of space.
  • If you have modified the use of a flat, house or building to turn it into an office or a place for commercial use, or vice versa.

How and where is this document processed? How long does it take to give the first occupation license? What is its price?

The management and granting of a first occupancy license for old or new homes is the responsibility of the City Councils, who establish their conditions, procedures or price. You can request this document whether you are a developer or if you are the owner of the home.

Regarding how to obtain a first occupation license, the first step is for you to deliver the following documents to the City Council:

  • First occupation license form or application.
  • Proof of payment of fees.
  • Certificate of completion of work.
  • End of work plans or memory of modifications in (case of renovations).
  • Qualification of the property (mandatory in officially protected housing-VPO).
  • Certificates of electrical, telecommunications or water facilities and supplies (necessary both in licenses for the first occupation of old homes and to make changes in the use of a property).

With these reports, municipal technicians will verify that the construction conforms to the technical project and that it is within the current legislation. If there is any error or deficiency, a period will be opened to correct it. Afterward, the City Council itself will continue with the corresponding processing.

Regarding how long it will take to give us the first occupation license, we must say that, a priori, the data verification and reporting process is not complex. The problem is that there is no specific deadline to apply for this permit. In addition, the validation will depend on the workload of the technicians and the City Council’s own protocols.

Our advice is to apply for the first occupation license once the work is finished because, in this way, you will be able to deliver all the documentation without problems.

If everything is correct, the normal thing is that in a maximum of three months you will have an answer. If you do not receive the notification in that time, your request could have been rejected due to administrative silence, and we recommend that you inform yourself to find out what has happened and take the appropriate measures.

On the other hand, the first occupancy license does not have a standard price. The amount can be established depending on the square meters or the type of construction and is around € 900 (although it depends on each case).

First Occupancy License for Tourist Homes: Why It Is Necessary

Many people wonder if they should apply for or have a first occupancy license to convert a flat or a house into a tourist or vacation accommodation. The answer is yes, and we will explain the reasons below.

The first is obvious: the change of use. In addition, a first occupation license confirms that a property meets the habitability requirements, so both this document and the declaration responsible for the start of activity are necessary to obtain the tourist license, without which you will not be able to register your accommodation from the legal way.

On the other hand, only with the tourist license, your tenants are guaranteed that the place where they are going to stay is suitable for their use and that it complies with current regulations.

Finally, if you want to give a home a tourist use, you may have to carry out refurbishment works or reforms that may require the request for this document or a similar one (habitability certificate or second occupancy license).
At Tajarat properties we are experts in the real estate sector and we offer comprehensive advisory services to our clients. If you want more information on how to obtain a first occupancy license for tourist or private homes, contact us.

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