Buying a property in Spain
There are various legal documents involved in the purchase and sale of a property. Today, we will explain what is the ” habitation certificate” (cedula de habitabilidad in Spanish).
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What is a habitation certificate?
A cedula de habitabilidad is a document issued by the regional government that certifies a property meets a number of conditions suitable for human habitation (ventilation, sunlight, dryness, water and electricity systems, ceiling height, etc.).
The rules for the certificate of habitability are set by each region. Each region has its own rules, but they are similar.
Currently, as of June 2018, the issuance of the certificate of habitability has been abolished in the Madrid region. This is because the Madrid government considers that the process of building a house is already regulated by the government in terms of construction, materials and planning, and there is no reason for citizens to have to go through a redundant document. However, in other cities the “cedula de habitalidad” is still an important document.
What happens if you don’t have a certificate of habitability?
First of all, it is important to know if the certificate of habitability is mandatory in the area where the property is located. In Madrid, for example, the government has abolished this certificate.
In Catalonia, on the other hand, the certificate of habitability is still a compulsory document. Catalan regulations require that all houses have a certificate of habitability. When selling or renting a house, the owner must hand in the certificate of habitability to the buyer or tenant, indicating that the property is suitable for living.
If a landlord sells or rents a home that is not fit for habitation, then a fine may be imposed. On the contrary, there is no penalty for the purchaser or tenant.
Nevertheless, in reality, if the buyer or tenant does not care if the house has a certificate of habitability, then there is no problem. The lack of a certificate of habitability does not affect the ownership to the house, nor does it affect the right to use the house.
Nevertheless, it is important to note that if the buyer wants to sell the property later, he or she will need to provide the new buyer with a certificate of habitability. Likewise, a certificate of habitability is required to rent the property to another person.
However, in practice, if the buyer and tenant do not care about this issue, then there would not be any problem. Especially in the case of rentals, no tenant will ask for a certificate of habitability, as long as the house appears to be in good condition.
