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HomeFINANCEHousing license : When do you need it and how can you...

Housing license : When do you need it and how can you get it

THE Housing license is an identification document of a property that is intended to be inhabited. To sell a property you need to have it with you and present it in the act of deed.

The housing permit, sometimes called a habitability license, is issued by the City Council of the area where the property is located, after it has been inspected by experts accredited for the purpose, and if the housing conditions of the property.

However, the Housing license is not mandatory for all housing properties.

What is a housing permit ?

The housing permit is a document proving that the property is habitable. That is, that respects all legal conditions ensuring that the conditions to live in the property are met.

Habitability of the property

The City Council only issues this license after carrying out a site inspectionin order to ensure that it complies with the conditions set out in the General Regulations for Urban Buildings.

Thus, it is understood that the required conditions of habituality relate to the construction type and qualitycovering not only walls, floors and roofs, but also safety, noise and vibration propagation, as well as sanitation, gas, electricity and water.

Why is a housing permit needed?

Except for the exceptions provided for by law, the housing permit is a mandatory document. Failure to do so is punishable by law. Therefore, you need a housing permit to:

  • apply for a home loan
  • to be able to make the deed of purchase and sale of property intended for housing
  • in the constitution of a horizontal property, that is, in the division of a building into distinct fractions

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Properties prior to 1951 may not need this license

Properties built before 1951 do not need a housing permit to be sold or leased. provided that they have not benefited from subsequent works or improvementss.

This is because the General Regulations for Urban Buildings, approved in August 1951, only came into force that year. Soon, dwellings prior to that date are excluded.

However, if works have been carried out on the property, namely reconstructions or expansions, they must have been authorized by the City Council. This, in the end, will have carried out an inspection of the site and issued the respective housing permit.

For lease, is a license to use required?

No. Under the terms of the New Urban Lease Scheme (NRAU) to make a lease you need to have, not the housing permit, but the use permit (Article 1070 of the NRAU).

This applies to all buildings regardless of their construction date. That is, even if the property has a construction date prior to 1951 and has not had any works, it must have a license to use it to be able to enter into the lease.

Housing and use licenses: what sets them apart?

They are, in fact, separate documents, although you can obtain both from the City Council where the property is located.

As mentioned, the housing license guarantees the habitability of the property, while the use license determines the type of use for which the property is intended. That is, if it is intended for housing or for non-housing purposes such as commerce, services or industry.

Housing license

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Where to get a housing permit

The housing permit is a municipal document and, therefore, you must obtain it from the Municipality of the area of ​​the property.

Your property does not have a housing permit?

It’s not very usual, since this document is mandatory in the act of deed of purchase and sale of a property.

Still, it might have happened if you built the property and did not apply for a permit at the timeor if it is a very old house that he inherited. As this document is mandatory, you must request it from the City Council by filling out an application for that purpose. Only then will your property be complying with all legal formalities.

Don’t know where the housing permit is?

If you want to sell your home and don’t know where your home’s housing permit is, don’t worry. See the deed you made when buying your property, the housing permit number will be mentioned there. Then just go to the City Hall and ask for a duplicate.

When buying a house under construction, who asks for a permit?

If you are going to buy a house that is under construction too you don’t have to worry. It is the responsibility of the builder to go to the City Council to request this license. This is in fact the last step in the construction of a property, since all safety and habitability requirements are guaranteed, the property will be ready to be inhabited.

So, when you make the deed of purchase, the housing license will be delivered together with the other mandatory documents relating to the property.

Also read: Distrate the mortgage: When and how to do it

How much does a housing permit cost?

There is no uniform price for this documentO. Each Municipal Council has its own procedures for issuing the license, and also has the autonomy to set its price.

Is the housing license valid?

The license has no fixed validity. Ie, remains valid if there are no deep works such as reconstructions or expansions. If you want to do one of these works, you must ask the City Council for permission. In the end, it has to carry out a new inspection of the site and if the safety and habitability conditions are met, issues a new license for use, which is also invalid.

Mandatory documents for the property

In this context, we recall the set of documents considered as the “citizen card” of your property:

  • Land Registry Certificate – can be obtained from the Land Registry Office, or from the Predial Online platform and is valid for 6 months.
  • Property Register – you can get it for free on the Finance Portal
  • Housing License – can be obtained from the Municipality of the area where the property is located
  • Housing Data Sheet – It is only mandatory for properties built after 2004. You can obtain it from the Municipality of the property area.
  • Energetic certificate – Document that became mandatory in 2013. It is issued by authorized technicians from the Energy Agency (ADENE)
  • Declaration of condominium charges – mandatory document from April 2022.

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