Will I need a Habitability Certificate?

The Habitability Certificate (Cédula de habitabilidad) is a document issued by the Island Council and which acknowledges the suitability of a home, commercial premises or residential building which is not included in the concept of housing, and is mandatory for occupying or renting a property, except in cases where the Certificate is replaced an occupancy or new-build permit.

How do you obtain a Habitability Certificate?

The Initial Certificate – Habitability Certificate for a New-Build – is issued once the Building Completion Certificate has been obtained from the Town Council, which confirms that the building has been constructed in compliance with the approved project.  This also applies to renovations which affect more than 60% of the building.

This Initial Certificate will expire after 10 years.  To renew it and obtain a “Renewed Habitability Certificate”, a technician must certify that that building remains in the same condition as when the Initial Certificate was issued.

Why would a building not obtain a Habitability Certificate?

There are several reasons; firstly, the most common cause:  that work has been carried out without the mandatory planning permission, or should planning permission have been granted, that work has diverged from the initial project and the Building Completion Certificate has not been obtained.  For a Habitability Certificate to be issued, first the building work will have to be legalized.

Another common reason in the case of small dwellings, such as studio apartments, is that they do not comply with the minimum habitable surface area.

When will be asked to provide proof of the Habitability Certificate?

When contracting utilities such as water, electricity, gas and telecommunications, these can only be supplied to properties that meet the minimum requirements for metering, hygiene and facilities suitable for accommodating people.

We will also be asked for the Habitability Certificate when we buy or sell a property.  However, the law stipulates that if no certificate, rating or occupancy or new-build permit is available, this fact must be expressly stated in the private document formalizing the contract or in the public deed. Does this mean that you could buy a property without a Habitability Certificate?  Right now yes, you can, under the buyer’s responsibility and without knowing whether in future it will be mandatory.

To sum up, although it is true that you can buy a house that does not have a Habitability Certificate, our recommendation is to buy homes that do have a valid Certificate.