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Cédula de habitabilidad: habitability certificate

The cédula de habitabilidad is the official document certifying that a home meets the minimum conditions to be lived in; in regions that do not use it, a licence or a declaración responsable of occupancy plays that role.

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What the cédula de habitabilidad is and where it is required

Spain has no single habitability document: each autonomous region sets its own. Depending on where you buy it is called cédula de habitabilidad, licencia de primera ocupación, licencia de ocupación or declaración responsable de ocupación.

In Catalonia the cédula certifies that the home is fit to live in and is required to occupy it (Ley 18/2007, art. 26.1). In any sale or letting, resales included, a valid cédula must be handed over (art. 26.2); the notary requires it before authorising the deed (art. 132 a), and electricity, water, gas and telecoms companies ask for it to sign a contract (art. 26.3). In the Balearic Islands it is issued by the island council, it is compulsory to occupy or let a home (unless the occupancy or first-use licence replaces it), a copy of the cédula or, where applicable, of that licence is attached to every sale and, if there is none, the contract or deed must say so expressly (Ley 5/2018, art. 16). In Andalusia, occupying a finished building that had a licence is done by a declaración responsable filed with the town hall (Ley 7/2021, art. 138.1 d). In other regions, including the Valencian Community, the document and procedure vary: check with the town hall or the regional housing department.

A cédula says the home is habitable, not that it complies with planning law; Catalan law says so expressly (Ley 18/2007, art. 26.5 bis). A house built without a licence may have a cédula and still be irregular, for example under AFO. The other checks are in the risks guide.

How to check the cédula de habitabilidad when buying

  1. Find out which occupancy document the region and municipality of the home require.
  2. Ask the seller for a copy before paying the deposit: cédula, first occupancy licence or the declaración responsable filed.
  3. Check that the address, floor and floor area match the nota simple and the home you viewed.
  4. Look at the date: in Catalonia and the Balearics the cédula must be in force; if it has expired, agree that the seller renews it before signing.
  5. If there is none, decide before the arras contract: in Catalonia you can release the seller of a resale home only in the cases the law sets, such as when you will renovate or demolish it; renovation needs a technical report (Ley 18/2007, art. 132 a).
  6. Check that the escritura mentions the document and that you receive it: you will need it to connect utilities. The other steps are in the buying guide.

Common mistakes with the cédula de habitabilidad

  • Assuming every home in Spain has a cédula: in many regions the document is a different one.
  • Accepting an expired cédula or one for another flat in the building.
  • Confusing habitability with legality: a cédula does not legalise extensions, pools or unlicensed houses.
  • Releasing the seller in Catalonia without a works plan: without a cédula, utility companies will not connect supplies.
  • Signing arras without agreeing what happens if the document does not arrive in time.
  • Trusting that it will be sorted out later: if the home does not meet the technical conditions, it is not granted.

Cédula and first occupancy for new build and resale

On a new build, the developer obtains the first occupancy document when the building is finished. For the deed of a completed new building, the notary and the registrar require the certificate of completion and the occupancy authorisation or, where the law allows it, the declaración responsable filed (RDLeg 7/2015, art. 28.1 and 28.2). In Catalonia the buyer of a new home cannot release the developer from the cédula: the waiver only applies to resale homes (Ley 18/2007, art. 132 a). The developer must also hand you the Building Book (Libro del Edificio) with the project documentation (Ley 38/1999, arts. 7 and 9.2.e). Ask to see all of this before the deed.

Resale homes carry other risks: expired cédulas, unlicensed renovations or homes that never had the document. The developments we track are in the new-build catalogue.

Sources and legal basis

Glossary of buying property in Spain

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