martes, 14 de julio de 2020
First occupation license and habitability certificate
From the company Marti Projects S.L. We want to offer you basic information on the differences that exist between two types of documents that for some time have been required to be fulfilled and documented by a qualified technician once a property has been purchased. habitability, which in our Autonomous Community is mandatory for the subsequent provision of services (water, electricity and even telephone). We will differentiate the two types of documents so as not to incur possible confusion.
The First Occupation License is;
An urban document that certifies that a building has been constructed as described in the approved execution project and indicates that the building may be used to live in compliance with the regulations, if it is a home, it means that it meets the requirements of habitability. In the Valencian Community it is a highly demanded procedure on different occasions to demonstrate the habitability of the house.
It is very important not to confuse the first occupation license with the habitability certificate, a priori they seem similar, but the habitability certificate only certifies that the building or dwelling is habitable, and is usually requested when you register basic supplies, or when you sell or rent a home.
We should know that there are three types of first occupation licenses:
For new buildings
For those that have been substantially modified (an extension, etc.)
For those who have modified their use (from home to office or vice versa).
This license is necessary to be able to have electricity, water, gas, even sometimes the telephone supply, since companies are prohibited from providing these services without the first occupation license, since they would be supplying illegal housing out of order, Also when selling or buying a property it is also one of the requirements guaranteeing the acquisition of said property in the necessary conditions to be used.
The person requesting the first occupation license is the developer or owner of the home, it is processed at the corresponding town hall presenting the required documentation (Final Certificate of the work, brief memory of modifications, plans for the end of the work, etc.), By studying the particular case of each application submitted and may deny or accept it, it will be accepted as long as it meets the requirements for adaptation to the project and use. If the city council does not respond to us, it will be considered dismissed due to administrative silence, previously administrative silence presupposed acceptance of the license, but this aspect was modified to avoid granting licenses to buildings that did not actually meet the requirements and obtained the license for delay of administrations.
You can consult with one of our expert technicians from Marti Projects if you need a first or second occupancy license for your home.
The Habitability Certificate is;
It is also an urban document whose purpose is to ensure the habitability of the home, relying on its health, hygiene and solidity, having the proper habitability certificate will allow us to register the services of light, gas and water and it is an essential requirement to be able to sell or rent the house.
There are also three types of certificates depending on the age of the property:
First occupation: correspond to newly built homes.
Second occupation: refers to the houses that already exist.
Of first occupation of rehabilitation: for those houses in which a rehabilitation of the same has been carried out.
As a general rule, all homes must have a certificate of habitability. Otherwise, electricity, gas and water supplies cannot be carried out. In addition, without this ID, the house cannot be sold or rented either. Additionally, this document may be required on other occasions such as the granting of a mortgage or the family reunification of foreigners.
Newly built homes or those in which major reforms have been carried out that have modified habitability conditions must present the habitability certificate before said dwelling becomes inhabited.
In the case of public housing, the certificate of habitability is not required in a period of 25 years, in which it is replaced by the final rating.
Depending on each Autonomous Community can change its regulations, the certificate of habitability is legalized by the Autonomous Communities, so that they have their own regulations in this regard, in Aragon or Castilla La Mancha this administrative document has been partially or repealed totally to promote access to housing and simplify procedures. In others, the certificate of habitability is called differently, as in the Valencian Community where it is called "second occupation license", although it has the same effects as the first.
We must take into account and know the difference between Certificate of habitability and Certificate of habitability.
The habitability certificate corresponds to a report made by an architect or technical architect after having visited the property and gathered all the necessary information regarding its habitability, while the habitability certificate is the final document issued by the City Council, in which it certifies that a property meets the minimum conditions to be inhabited.
Among the data required for the subsequent approval of the certificate of habitability must be provided;
Home address and location.
Useful surface of the house.
Rooms and spaces that make up the house.
Maximum occupancy threshold.
Identification of the authorized technician who has carried out the certificate
We hope that this brief description helps you to solve possible doubts about this type of questions, which are often out of our reach, do not forget that for any clarification you can contact us and we will help and advise you on everything you need.
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