It is possible to sell a property without a certificate of occupancy?

Selling a property goes beyond publishing an advertisement or putting a sign on the balcony. It involves following a series of processes that, sometimes, generate some uncertainty and lead to questioning its obligatory nature.

One of the biggest questions? If the certificate of occupancy is required at the time of selling a property.

What is the certificate of occupancy?

It is the certificate that guarantees that a property complies with the minimum technical and sanitary requirements to be inhabited.

What types are there?

There are three categories of certificate of occupancy:

First occupation: certificate issued by the City Council that is granted to the promoter of a new dwelling.

First occupancy due to renovation: issued for properties that have undergone a significant renovation.

Second occupancy: it applies to properties that have been previously inhabited and require the corresponding certification.

What information does it contain?

In general, the following aspects are considered:

• Address and location.
• Usable surface area.
• Distribution of rooms and spaces.
• Maximum occupancy limit allowed.
• Identification of the qualified professional responsible for issuing the certificate.

When is it mandatory?

The obligatory nature of the certificate of habitability does not apply throughout Spain, but it does in Catalonia in accordance with Law 18/2007 on the right to housing.

In those Autonomous Communities where it is not required, it is still highly advisable to obtain it. The lack of this document can generate complications in the sale of a property, such as the impossibility of contracting basic public services.

It is also essential to obtain a mortgage or to carry out the family reunification process for foreigners.

What procedures are necessary to obtain it?

It requires the hiring of the services of a registered architect or technician. They will visit the property to verify compliance with the requirements established by the Autonomous Community.

The technician will issue a certificate of habitability, which is a previous step to obtain the certificate. This certificate must have the approval of the corresponding professional association and is of vital importance for the Town Hall to be able to issue the certificate of habitability.

The complete process to obtain the certificate of habitability, from the hiring of the technician to the issuance by the Town Hall, can take up to three months.

Sell your property with KM2 Real Estate Services

In KM2 Real Estate Services we specialize in the commercialization of properties in the best areas of Barcelona and Madrid.

We guarantee legal support in the formalization of the negotiation and closing to ensure legality in each of the processes.

We are ready to fulfill your next real estate purpose, make your dream come true. Shall we start? Our team of commercial advisors will not stop until your property is sold.

Do not hesitate to contact our real estate agency in Barcelona or Madrid for more information.