Can I sell a house without a certificate of habitability?

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Within the real estate market, there are several controversial issues difficult to solve, and the certificate of habitability is one of them. This polemical concept refers to the necessary license that every house must have to be inhabited, so it is an essential document not only to live in it (since it is essential to register the water, gas and light services ), but also, so that any operation of sale or rental of the property is valid.

It is therefore a basic document for any home, but how to get the certificate of habitability? To obtain this certificate of habitability, it is necessary for the house to pass an inspection process that could be divided into three phases:

  1. An appointment is made with an architect or technical architect for him to pass a visual inspection of the property in order to verify that the house meets the conditions set by the Law.
  2. The architect will prepare the habitability report corresponding to the inspection and send it to the City Council of the municipality in which the house is located.
  3. The City Council will have a period of three months to approve the document and issue the official version of the certificate of habitability, which will be the mandatory document for housing.

Are there official requirements to get the certificate of habitability?

The inspection and the report of the certificate of habitability are made based on three fundamental values in any property: health, hygiene and solidity. These three factors are generally those that mark if a house is able to be inhabited, but in more concrete terms, there is the Order of February 29, 1944, which establishes the requirements of the certificate of habitability.

In spite of the antiquity of this ministerial order, the certain thing is that in Spain there is no other official document that regulates these subjects. Although several reports suggest that this law has been repealed in some autonomous communities (as in Extremadura or Castilla y León), the truth is that it is still valid in the vast majority of places. The official document that meets all the requirements of the certificate of habitability can be found in this link, but here we leave you an advance with some of the most important points:

  • Every family home will have at least: a kitchen-dining room, a bedroom with two beds and a toilet.
  • The different rooms must be independent of each other, so that none of them serve as a link between parts of the house.
  • The minimum height in any part of the house will be 2.5 meters.
  • The minimum dimensions of each room will be the following.

– Bedrooms of one bed: 6 square meters.

– Bedrooms with two beds: 10 square meters.

– Living rooms: 10 square meters.

– Kitchen: 5 square meters.

We tell you what are the requirements to get your certificate of habitability.

Where to ask for the certificate of habitability and other frequently asked questions

Another big doubt about this license lies in the bureaucratic procedure necessary to acquire it and other issues such as where to ask for the certificate of habitability, what documents must be attached, etc. To solve all these questions, here we provide all the information you need to know:

The application is presented at the City Hall where the housing involved is located, but before taking this step, you will need the following documents:

  • The copy of the deed or contract for the rental of the property.
  • A receipt for water and electricity services corresponding to the housing, or if not, a certificate from the companies indicating that the house is in full condition to supply these services.
  • A tax receipt paid during the last period.
  • A photocopy of the applicant’s identity document.
  • A standardized form that the City Council will provide you.
  • Proof of payment of the fee indicated by the consistory.
  • The certificate of habitability prepared by the architect to which we have referred at the beginning of the post.

With these documents, you will have everything you need to request the certificate of habitability. As in legislative terms, the regulation is not exact as we have already commented, this license receives other names, as in the case of the Valencian Community, where it is called a second occupation license, so if you reside in this community and you hear or read this concept, do not worry because it’s exactly the same process.

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