Frequently asked questions about the Certificate of Habitability
If you need the certificate of occupancy you can contact us by here
What is the price of the certificate of occupancy?
At KAITEK ARQUITECTURA we offer the best service and the best offers, at the cheapest prices. We also have coverage throughout the autonomous community of Catalonia. Check the price of the habitability certificate in all the provinces:
The habitability certificate certifies that a home meets the necessary conditions to live in it according to the habitability regulations. These conditions are spatial (minimum dimensions): lighting and ventilation natural (bedrooms and main rooms must have windows); safety (it must not present apparent structural deficiencies or serious construction problems); minimal facilities (plugs, water, etc.).
In general, to sell an apartment, to rent it or to access public aid, the certificate of habitability is necessary.
The certificate of occupancy is needed, administratively, to carry out a sale and purchase of a home (also for inheritance acceptances, and even if the house has to be returned to the bank because the mortgage cannot be paid) , in general when there is a transfer of assets.
To register electricity supplies in an apartment or house, companies usually require a certificate of habitability by legal obligation
The certificate of occupancy is also needed to rent an apartment , as a guarantee for the tenant that he is renting something that is legally acceptable as a home. And this is what INCASOL requires that the identification number be declared when registering the rental.
Is it mandatory to have a certificate of occupancy?
Yes, the ID is mandatory.
Currently, the obligation to have a certificate affects all Catalan dwellings since the entry into force of the Habitability Decree 55/2009 . This Decree is currently repealed and the one in force is Decree of habitability 141/2012 , also this regulation requires having a valid identity card in the dwellings.
Article 8. Obligatorietat of the ID 1. All the habitats must have a certificate of habitation, conformity amb aquest Decret. This certificate has a validity of 15 years.
Prior to this decree, in the order of October 8, 1984, the obligation to have an ID was already established in certain cases such as lease contracts and service supply contracts:
I order: Article first.- In the contracts of purchase-sale and lease of the habitatges and in the sub-administrations of the serveis d’aigua, gas and electricity, which will be subscribed from the date d’entry in force d’aquesta Ordre, hi haurà to state the number of Cèdula d’Habitabilitat de l’habitatge.
Do I have to have windows to grant me the certificate of occupancy?
Yes. According to the habitability decree, a room without a window is not a bedroom but rather an “AP” Altres fish, that is, for example a storage room.
– The living room must have an opening with a minimum area of 0.8m2
– The rooms must have an opening with a minimum area of 0.4m2
In the habitability parameters, apart from the minimum surface of openings, there is another important condition for an opening to be considered valid: the windows must communicate with an outdoor space. In the case of interior patios, to be considered as exterior space, they must have a floor area of at least 4m2. In the case of galleries, to be considered as outdoor space, they must have a glazed surface with a larger opening than the plan surface of the gallery.
Can all the floors have the certificate of occupancy?
No. There are cases in which you can never obtain the certificate of occupancy.
In order to have the certificate, it is necessary that the house meets the newly created housing requirements specified in the Decree d’Habitabilitat in force (currently Decree 141/2012). Normally, the premises and other entities that do not have the category of housing need works to comply with the requirements and these works are only authorized by the competent administration if they are authorized.
For example, if this place is in an industrial area in which the use of housing is not allowed, or the building has an urban qualification in which more houses are not allowed than there are in the building
For example, a place on a ground floor: If it meets the habitability and urban planning conditions , of course it does. The question is what conditions must meet a local to grant the identity card and this. The following casuistry is common: In the event that this location on a ground floor has the urban qualification of housing, it will only be necessary to check that it meets the habitability requirements established by the current habitability decree for the second occupancy certificate of habitability. Normally in this process the administrative procedures are carried out only in the Department of Habitat of the Generalitat.
In the event that this premises on a ground floor have an urban qualification other than housing, the parameters defined by the decret d’habitabilitat for new construction must be applied, since we have to grant that entity the first occupancy certificate. However, it should be previously studied whether there is the possibility of making a change of use project to request the change of urban use (which is managed by the city planning department). Normally in this process the administrative procedures are carried out first in the City Council and later in the Department of Habitat of the Generalitat.
Is it necessary to renew the certificate after making reforms?
In the case of reforming our apartment, if we modify the habitability conditions (in case of changing the distribution, renovating the facilities, making extensions to the building …) we must renew the habitability certificate as as defined by the habitability decree 55/2009 in its article 8.2:
The habitats of nova construcció and the ones that hagin sofert modifications in the surface or if the conditions of habitation have to be changed, they must have a certificate prior to the seva occupation.
Yes. In general in case of changing the distribution of the flat or house.
When does the occupancy certificate expire?
Currently the validity of the habitability certificate is 15 years from its issuance.
Since the 2003 decree came into force, the ID cards expire 15 years of their issuance. The habitability decree 55/2009 gave continuity to this period of validity of the habitability certificate and with the current habitability decree Decret 141/2012 is also valid for 15 years until its expiration.
How many minimum square meters to have the certificate of occupancy?
According to decree 141/2012, a used home must have 20 square meters useful interiors (terraces or balconies are not worth it) so that it can be granted the certificate of occupancy of second occupation. If you are reading this post in the year 2054 make sure that the decree 141/2012 is still in force (we doubt it already that a new decree comes out every 3 years). In the case of a new home, according to the aforementioned Decree, it would be 36 useful square meters.
Only 20 square meters.
What are the requirements to have the ID?
The first fundamental requirement is that the property is urban and legally a home , not because this aspect has nothing to do with habitability but because administratively it will be very difficult to carry out the procedure. In most cases, this requirement is met and it only remains to verify the parameters of the scale of the same house. Broadly speaking, the most important are these:
Minimum surface: 20 m2, the surface under a useful height of 1.90 m is not considered useful.
Openings to outdoor space, ventilation of at least 0.8 m2.
The living room must be at least 10 m2 and it must be possible to inscribe a square of 2.40 x 2.40.
Bathroom with ventilation (either natural or forced) never through a room or hall. Sanitary appliances must have a siphon mechanism.
It can have a single space but the bathroom must be compartmentalized.
To count a room at least, it must have an area of 5 m2 and it must be possible to inscribe a square of 1.8×1.8 m2.
Good condition of the facilities.
There are no serious structural or constructive pathologies.
Remember that these aspects are general, in no case is it an exhaustive detail of all the parameters.
Can you have a certificate in a building without horizontal division?
1 –I have a residential building in which there has always been this separation of independent dwellings, this building has at least a century of life. There are common services, community staircase, etc. But this building does not have the horizontal division.
In this case it is practically certain that it is , and that we will not have any problem since it can be reliably proven that these homes were legally independent entities before the appearance of new regulations. It would only be a question of proving through electricity bills, deeds, or other documents that these homes existed before the first decree of Habitability , of the CTE and if it comes from the town planning regulations of the municipality.
2 – I want to buy a flat in an old two-story building that has a certificate for the entire building. The ground floor is a shop and the top floor is the house I want to buy. Can we make an independent certificate of the house that I want to buy even if I have the other one?
– In the event that the city council had evidence that in that house there had always been two urban planning entities: the house and the premises, to process the identity card of the independent dwelling you would only need a certificate from the city council. And of course the normal process of the ID (application, certificate, etc.)
Here we must make a clarification for general cases: In the Habitatge department, a certificate from the city council is not always required to verify that the floors are independent despite not having horizontal division. In the case we are dealing with, the certificate from the city council is required since, having a prior ID for the entire building creates the uncertainty that there would be two independent entities.
– There is also in the habitability law the possibility (it is not advisable to do it without the advice of an expert) that the buyer exempts the seller from the obligation to have the certificate.
Can I get the ID in 24 hours or less?
No. If someone guarantees to obtain the ID in 24 hours, they could be committing fraud.
The habitability certificate is the document that certifies compliance with the habitability parameters defined by the regulations and its obtaining must follow the procedure defined in the following steps:
Request of cédula (the data of the sun, bidder and owner are defined)
Certificate of habitability issued by a competent technician and endorsed by his professional association. It requires a inspection of the home by the technician for the subsequent preparation of the certificate.
Delivery of documentation in the habitatge department or corresponding delegated office.
Management response. The term marked in Decree 141/2012 is 30 business days as a maximum, which means that a maximum of a month and a half may elapse.
Of the defined steps, only the first 3 can be performed in 24 hours. If the administration does not have a minimum time for the delivery of the Certificate of habitability and technically it is possible to obtain the certificate in 24 hours, from the moment the request is delivered from cédula and certificate in the Department of Habitat, a wait of between 20 and 30 days is usual.
Can I sell and deed a home without a certificate of occupancy?
Yes. You can sell a home as such without it having the corresponding occupancy certificate by providing an exemption report.
Currently, the Habitability Decree requires that notaries demand the cédula in any case in processes that involve housing as an object of transmissions. Sell, buy, accept an inheritance, donations to creditors, etc. However, the Habitability Decree reserves an article in which it contemplates the exoneration of issuing the certificate in the event that the home does not meet the habitability conditions at that time but requires reforms or arrangements to have it.