The criterion is that every citizen has the right to receive the services provided by the municipality and if the municipality requires a certificate of habitability it could be a discriminatory criterion since it is a fact that not everyone has a certificate of habitability where they live. Check our article on whether “you can live without a certificate”
We copy here the Europa Press article in reference to this topic:
12/30/2009 – 12:14 BARCELONA, 30 (EUROPA PRESS)
The Síndic de Greuges, Rafael Ribó, today asked the Tortosa (Tarragona) City Council not to require the habitability certificate to obtain the municipal register to detect and combat situations of overcrowding and sub-housing. After receiving a couple of complaints, Ribó alleged that this obligation “does not have the regulatory status required by current legislation and may affect some rights.”
One of the people who filed a complaint explained to the Catalan ombudsman that he needs to register in the registry because, when requesting the Telefónica social subscription, intended for users of the service with very low income, this company asks for the family registry flyer . The problem is that he does not have the identity card and, to process it, he must obtain a certificate of habitability signed by a competent technician who has economic costs that she, with the income she receives, cannot assume.
According to current regulations, the census is only a register of the population that must include all the people who habitually reside in the municipality. In no case, the law establishes as obligatory to have the identity card to be able to register. Despite this, the Catalan Ombudsman understood the need to address the problem of housing overcrowding, which has led the City Council to demand this requirement. However, he stressed that this control can be carried out through mechanisms already provided for in the right to housing law.
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