Habitability Decree 141/2012 and previous decrees

Last updated: 17 October 2026

Decree 141/2012 is the habitability decree currently in force in Catalonia. It sets the minimum conditions a dwelling must meet to be habitable, and governs the certificate of habitability (cédula de habitabilidad). It has been in force since 3 November 2012.

Not every home has to meet the same requirements: what applies depends mainly on when the dwelling was built and on whether it is new, existing or the result of a rehabilitation. This guide summarises its requirements, with the reference to each section, and reviews the previous decrees, which are still the benchmark for many homes.

Key figures

The decree in four figures

36 m²

Minimum usable floor area
Of a newly built dwelling (Annex 1, section 3.1).

2.50 m

Minimum clear height
In new dwellings; 2.20 m in bathrooms, kitchen and circulation areas (Annex 1, section 3.5).

25 / 15 years

Validity of the certificate
25 years for new builds; 15 for second occupancy and rehabilitation (article 9.1).

30 days

Deadline to decide
Working days to grant or refuse the certificate; if there is no answer, it is deemed granted (article 16).

Scope

What the current habitability decree regulates and which homes it applies to

The decree has two parts: the technical requirements each dwelling must meet and the procedure to obtain the certificate of habitability. The requirements are set out in annexes, and the one that applies depends on the type of dwelling (article 1):

Type of dwelling What applies
Newly built dwelling Annex 1
Existing dwelling built before 11 August 1984 Annex 2
Existing dwelling built from 11 August 1984 The decree in force when the building permit was granted or the works were completed (first transitional provision)
Dwelling resulting from a rehabilitation, change of use or division Annex 1 or 2, with the exceptions in Annex 4

Annex 3, on public endowment housing, was repealed in 2020 by Decree-Law 50/2020. Municipal bylaws may be stricter than the decree, but never less demanding (article 2.1).

New build

Annex 1 of Decree 141/2012: requirements for new dwellings

These are the most complete conditions in the decree. These are the ones that most influence the design of a home:

Requirement Minimum value Section
Usable floor area 36 m², with at least a living-dining room, a bathroom and kitchen equipment 3.1
Clear height 2.50 m. 2.20 m in bathrooms, kitchen and circulation areas. Exceptionally 2.30 m in living, dining and bedrooms for service runs or beams, over no more than 20% of the room area 3.5
Living or dining room Must fit a 2.80 m diameter circle and have at least 2.20 m of façade 3.7.2
Kitchen 1.00 m clear space in front of the worktop 3.7.3
Bedrooms 6 m² minimum. In homes with 3 or more bedrooms, one must fit a 2.60 × 2.60 m square; the rest, 2.00 × 2.00 m 3.8
Natural light and ventilation Windows of at least 1/8 of the floor area of each room 3.9.1
Façade Façade perimeter equal to or greater than the usable area divided by 9 (S/9) 3.6.2
Bathrooms Up to 3 bedrooms: 1 WC, 1 washbasin and 1 shower or bath. With 4 or more: 2 WCs and 2 washbasins 3.11.1
Interior accessibility Practicable dwelling: 0.80 m doors, 1.00 m passages and 1.20 m turning circle 3.4.1
Lift Mandatory in multi-family buildings. In buildings with up to 4 dwellings and up to ground floor + 2, reserving the shaft (1.60 × 1.60 m) is enough 2.4.1
Kitchen extraction Mechanical extraction above the hob, ducted up to the roof 3.15
Fall protection Railings where the difference in level exceeds 0.55 m 3.16

Section 3.7.1, which required 20 m² for the combined living, dining and kitchen space, was repealed in 2020 (Decree-Law 50/2020).

Existing dwellings

Annex 2 of Decree 141/2012: dwellings built before 1984

Dwellings built before 11 August 1984 have more basic requirements, designed for the older housing stock. These are the ones checked, for example, to renew the certificate of a flat in the Eixample or Ciutat Vella:

Requirement Minimum value Section
Usable floor area 20 m². Exceptionally, between 15 and 20 m² if the permit predates 1 February 1984 and the home had a valid certificate in 2012 4.1 and 4.2
Height No minimum height is set, but areas under 1.90 m do not count as usable floor area 4.1
Living room 10 m², fitting a 2.40 × 2.40 m square, with a window of at least 0.80 m². If it includes the kitchen, 14 m² 5.1
Bedrooms 5 m², fitting a 1.80 × 1.80 m square, with a window of at least 0.40 m² 5.2
Bathroom Washbasin, WC and shower or bath. The WC in a room that can be closed off 6.4
Kitchen Sink and electric or gas cooker in the same room, with ventilation 6.5
Services Hot and cold water, drains with traps and electricity in good condition 6.1 to 6.3
Construction Sound, free of damp and leaks, with railings where the difference in level exceeds 0.60 m Section 3

What about dwellings built from August 1984?

They have no annex of their own. To obtain their first certificate they must meet the habitability decree in force when the building permit was obtained or when construction was completed. To renew it, the requirements applied when the first certificate was issued. In both cases, meeting the new-build requirements of Annex 1 is also valid (first transitional provision, point 3). That is why the previous decrees still matter.

Rehabilitation

Annex 4: rehabilitation, change of use and division of dwellings

When a building is rehabilitated, commercial premises are converted into a home or a dwelling is divided, the resulting dwelling obtains a first-occupancy-after-rehabilitation certificate. Depending on the type of work (Annex 4, groups A to J), Annex 1 applies with exceptions or, for interior refurbishments, Annex 2 with some added requirements. The key points:

  • The minimum clear height drops from 2.50 m to 2.40 m in most interventions: gutting while keeping the façades, changes of use and division of dwellings.

  • When the use of a whole building or more than half of it is changed, or when more than half of the dwellings are divided, courtyards may be 10% smaller.

  • When a dwelling is divided, one of the resulting homes may be treated as existing and meet Annex 2, but with at least 36 m² of usable floor area.

  • For interior refurbishments (full redistribution or enlargement without structural work), Annex 2 applies, but bedrooms must be at least 6 m² and new bedrooms and bathrooms must meet Annex 1.

  • The city council may, giving reasons, exempt some requirements by applying the principles of no worsening, proportionality, non-intervention, incompatibility and improvement (article 6). Never below the Annex 2 level.

If you want to convert commercial premises into a home, the first step is to check whether it is feasible. We explain it in our change of use to residential service.

Article 4

Maximum occupancy of a dwelling

The decree sets how many people can live in a dwelling according to the number and size of its bedrooms. This figure appears on the certificate and is used to detect overcrowding:

Bedroom People
5 m² or more 1
8 m² or more 2
12 m² or more 3
Dwelling without bedrooms (common space only) 2

Families related by kinship are exempt, provided the excess does not cause health or neighbourhood problems (article 4.1).

Chapter II

The certificate of habitability under Decree 141/2012

The certificate is the document that proves a dwelling meets the minimum habitability conditions. The decree distinguishes three types (article 8.2): first occupancy for new dwellings, second occupancy for existing dwellings and first occupancy after rehabilitation.

When you need it

Before occupying a new or altered dwelling, and to sell, rent or transfer the use of any dwelling (article 9.2). Water, electricity, gas and telecoms companies ask for it to sign a contract (article 11).

How long it lasts

25 years for newly built dwellings and 15 years for second occupancy and rehabilitated dwellings (article 9.1).

Who grants it and how fast

The Catalan Housing Agency, or the city council if the power has been delegated. They have 30 working days; if they do not answer, it is deemed granted (articles 13 and 16).

What it does not prove

The certificate does not legalise the dwelling from a planning point of view: not complying with planning rules is not a reason to refuse it (article 17.2).

History

Previous habitability decrees (PDF)

An existing dwelling must meet at least the regulations in force when it was built. These are the decrees that have regulated habitability in Catalonia and the period during which each was in force:

Decree In force Notes
Decree 141/2012 ↗ Since 03/11/2012 Current. Annex 1 for new builds, Annex 2 for dwellings built before 1984
Decree 55/2009 (PDF) 09/10/2009 – 02/11/2012 Habitability conditions and certificate; repealed by Decree 141/2012
Decree 259/2003 (PDF) 30/12/2003 – 08/10/2009 Minimum habitability requirements and certificate
Decree 28/1999 (PDF) 17/02/1999 – 29/12/2003 Merged Decrees 274/1995 and 314/1996 into a single text
Decree 314/1996 (PDF) 24/09/1996 – 16/02/1999 Amended Decree 274/1995
Decree 274/1995 (PDF) 18/04/1996 – 23/09/1996 Objective habitability level; repealed the 1983 decrees
Decrees 346/1983 (PDF) and 571/1983 ↗ 11/08/1984 – 17/04/1996 571/1983 amended 346/1983

The repealed decrees can be downloaded as PDFs (in Catalan) from our website. Decree 141/2012 links to its consolidated text on the Catalan Legal Portal, with all amendments, and 571/1983 to its page on the same portal. Dwellings built before 11 August 1984 are assessed under Annex 2 of Decree 141/2012. Dates in day/month/year format.

Context

Related regulations

  • Law 18/2007 on the right to housing. Its article 26 makes the certificate compulsory and requires it to be handed over on sale and rental.

  • Decree-Law 50/2020. Creates accommodation with complementary shared spaces: at least 24 m² of private space and 6 m² of shared space per unit, and never less than 36 m² in total. It also repealed Annex 3 and section 3.7.1 of Annex 1.

  • Resolution TER/3217/2023. Approves the current model of the certificate of habitability.

  • Municipal bylaws. They may require more than the decree, for example on floor areas or courtyards.

FAQ

Frequently asked questions about the habitability decree

Decree 141/2012 of 30 October, in force since 3 November 2012. It is still in force in 2026, with the amendments introduced by Decree-Law 50/2020.

On the Catalan Legal Portal, which offers the consolidated text with all amendments and lets you download it as a PDF (in Catalan). The table of previous decrees in this article also links to each repealed decree.

It depends on when it was built. If before 11 August 1984, Annex 2 of Decree 141/2012. If later, the decree in force when the building permit was obtained or the works were completed. If it is new or rehabilitated, Annex 1, with the exceptions in Annex 4.

36 m² of usable floor area for new dwellings and 20 m² for existing dwellings built before 1984. Exceptionally, 15 to 20 m² is accepted for very old dwellings that already had a certificate.

For new builds, 2.50 m clear height (2.20 m in bathrooms, kitchen and circulation areas). In rehabilitations and changes of use, usually 2.40 m. For dwellings built before 1984 there is no minimum, but areas under 1.90 m do not count as usable floor area.

25 years for new dwellings and 15 years for existing and rehabilitated dwellings.

If there is no answer within 30 working days of the complete application, it is deemed granted by positive administrative silence.

Yes, if they are converted into a dwelling through a change of use project that meets Annex 1 with the exceptions in Annex 4, and provided that planning rules allow residential use.

Sources: Decree 141/2012 of 30 October (DOGC no. 6245, 2 November 2012), consolidated text on the Catalan Legal Portal, consulted in October 2026. Validity of previous decrees according to the Barcelona Association of Building Engineers (CATEB). This summary is for information only and does not replace the official text.

Do you need a certificate of habitability?

We check which decree applies to your home, whether it complies and what would need fixing. We handle the visit and the paperwork.

Pau Martínez Gargallo
About the authorPau Martínez GargalloSee all their articles ›