Planning permission, illegal works and the habitability certificate

Terms used

• Licencia de primera ocupación — The licencia de primera ocupación is a town hall licence confirming a new or fully renovated building matches its project and can be lived in.
• Cédula de habitabilidad — The cédula de habitabilidad is a regional document confirming a home meets minimum habitability standards.
• Certificado urbanístico — The certificado urbanístico is a town hall document stating a plot's planning status, permitted uses and whether the home is fuera de ordenación.
• Declaración responsable — The declaración responsable is a signed statement to the town hall that works or use comply with the rules, replacing a licence in some regions.
• Fuera de ordenación — A home that is fuera de ordenación does not fit current planning rules, which limits the works you can do.

Key rules

• Regional rules: Habitability documents and time limits are set by each region, so check locally before you commit.
• Registry match: Anything not declared in the registry, such as a pool or extension, is not protected by the registry.
• Protected land: Works on protected land such as coastal zones never become safe from demolition orders through the passing of time.
• Mortgage: Banks may refuse or reduce a mortgage on a home that is fuera de ordenación or has undeclared works.

What a home needs to be legal

A home needs three things: its building licences, a habitability or first-occupation document, and a legal status for any extension, pool or terrace. Rules differ by region and by town hall, so check the local rules before you commit.

A home that fails on any of these can cost you money later. It may be hard to mortgage, hard to resell, or open to fines and orders to undo the work.

Habitability and first occupation

The licencia de primera ocupación is issued by the town hall. It confirms that a new or fully renovated building matches the approved project and is fit to live in. The developer must get it before handing over homes. Utility companies often ask for it, or for the cédula de habitabilidad, before they connect permanent water, electricity and gas. In several regions a declaración responsable can replace it. For a resale, it is good evidence that the home is legal.

The cédula de habitabilidad is a regional document. Not every region uses it:

• Cataluña: required for sale and rental. It is valid for 15 years, and older homes need an architect's report.
• Baleares: required, usually valid for 15 years.
• Valencia: new homes need a licencia de ocupación. Resales need a habitability certificate, valid for 10 years.
• Andalucía: there is no general cédula. It uses the licencia de ocupación and, for older homes, a certificate of antigüedad or an AFO certificate.
• Madrid: no cédula is required for resales. It uses the licencia de primera ocupación and the town hall's planning certificates.
• Galicia, Asturias, Murcia and others: they have their own rules.

Confirm the current rule with the regional housing department.

How to check the licences

Ask the town hall's urban planning department for a certificado urbanístico. It states the plot's classification, the applicable plan, the permitted uses and whether the home is fuera de ordenación. Make a written request, usually through the town hall's registry or electronic office. Include your ID and the property's cadastral reference. Fees vary, and the reply can take weeks, so start early.

Also ask to consult the licence file. It shows the building licence, the first-occupation licence or declaración responsable, and any open disciplinary file. An architect or lawyer can read the file for you if anything does not match.

Extensions, pools and terraces

Compare everything you can see with what the property registry records. Work that is not declared in the registry has no registry protection, and the seller cannot sell it with registry coverage.

To declare work, a notary deed is needed. It must come with a licence or equivalent and an architect's certificate. New works also need the 10-year structural insurance and the energy certificate.

Older work can be registered by the antigüedad route. An architect or the town hall certifies when the work was finished. The work generally must have been finished more than 4 years ago, or 6 where the land was not protected. The exact period depends on the region.

Undeclared improvements can also raise the property tax value and bring fines through the cadastre.

When the time limit has passed

The town hall can only order demolition or restoration within a time limit. The limit runs from the day the works are fully finished. After it, the building can usually be registered, but it may be treated as fuera de ordenación. No time limit applies on protected land.

The limit differs by region. Find your region's figure in its land law and ask the town hall whether it has passed. The timeline below shows the main cases.

Fuera de ordenación

A building is fuera de ordenación when it was built legally but later planning rules made it non-compliant. Two kinds exist:

• Total: only minimal conservation works are allowed, with no consolidation or enlargement.
• Partial: more works are allowed, including renovation, but you cannot enlarge the affected part.

Some regions use "asimilado a fuera de ordenación" for unlicensed buildings whose demolition period has expired. They can be registered and supplied with utilities, but only conservation works are allowed.

Banks may refuse a mortgage or lend less on these homes.

If something does not match

Do not sign until it is sorted. You can negotiate the price, or require the seller to legalise the work before completion. Get an architect or lawyer to check the file first. The documents and checklist below set out what to ask for.

Timeline and deadlines

• Time limit starts when the works are fully finished: from the day of full completion

• Town hall can no longer order demolition on ordinary urban land under the national baseline: 4 years after completion

• Town hall can no longer order demolition in Andalucía and Cataluña: 6 years after completion

• Town hall can no longer order demolition in some cases in Valencia: 15 years after completion

• No time limit on protected land such as coastal zones, green areas, public domain and protected natural areas: never, demolition can be ordered at any time

Time limits change by region and often; check the current figure with the regional land law and your town hall.

Documents you need

• Licencia de primera ocupación: a municipal licence from the town hall confirming a new or fully renovated building matches the approved project and can be lived in. In several regions a declaración responsable can replace it.

• Cédula de habitabilidad or habitability certificate: a regional document confirming the home meets minimum standards. It is required for sale in Cataluña, Baleares and Valencia, and is issued by the regional housing body, the Consell Insular or the town hall depending on the region.

• Certificado urbanístico (called cédula urbanística in some regions): issued by the town hall's urban planning department, it states the plot's classification, the applicable plan, permitted uses and whether the home is fuera de ordenación.

• Architect or municipal certificate showing when an extension or pool was finished, plus a notary deed, needed to register works that were never declared.

• For new works: a building licence or equivalent, the 10-year structural insurance and the energy certificate, needed to register a declaration of new build.

Checklist

• Check the certificate says whether the home is fuera de ordenación.

• Ask the seller for the licencia de primera ocupación, or the cédula de habitabilidad if your region requires it.

• Compare every extension, pool or terrace with the registry entry and ask for proof it is declared.

• Ask for an architect or municipal certificate showing when any undeclared work was finished.

• Find the time limit for demolition orders in your region's land law and check whether it has passed.

• Hire an architect or lawyer to check the file if anything does not match.

What to watch out for

• Undeclared extension, pool or terrace: A part of the home that is not declared in the registry has no registry protection and cannot be sold with registry coverage. If the demolition time limit has not run, the town hall can order it removed, and a bank may refuse a mortgage. Ask for the licence file and proof of completion date before signing.

• Higher property tax and fines: Improvements missing from the Catastro (the property tax record) can mean a higher IBI (local property tax) and fines. Ask the seller to update the Catastro, or agree who pays any back charges before you sign.

• House in fuera de ordenación: A house in this status can be registered and supplied with utilities, but you may only be allowed minimal conservation works and no enlargement. Banks may lend less. Ask the town hall exactly which works are allowed and check financing with your bank before you commit.

Frequently asked questions

Can the town hall still order demolition of an old extension?

Usually not once the time limit has run, which is four years from completion on ordinary urban land under the national baseline. Regions set their own periods: Andalucía and Cataluña use 6 years, and Valencia up to 15 years in some cases. No time limit applies on protected land such as coastal zones, green areas or protected natural areas.

Does every region require a cédula de habitabilidad?

No, only some regions require a cédula de habitabilidad. Cataluña and Baleares require it, with a validity of 15 years, and Valencia requires a certificate valid for 10 years for resales. Andalucía and Madrid have no general cédula and use the licencia de ocupación or primera ocupación instead.

Can I get a mortgage on a house that is fuera de ordenación?

Possibly, but banks may refuse or lend less because the property is weaker collateral. Ask your bank before you sign anything. A house that is fuera de ordenación can still be registered and supplied with utilities.

What can I do if the seller has an unregistered pool or extension?

You can negotiate the price or require the seller to legalise the work before completion. An unregistered part has no registry protection and can cause trouble with a mortgage or a later sale.