What a first occupation licence (licencia de primera ocupación) is, when a responsible declaration is enough and which documents you need to live in a new home.
The first occupation licence (licencia de primera ocupación) is the town hall’s decision confirming that a new or fully refurbished building matches the building licence. Without it (or whatever replaces it), the home cannot legally be lived in.
Licence or responsible declaration?
It depends on the region (autonomous community). In many, a responsible declaration of first occupation (declaración responsable de primera ocupación) is enough: you declare that the work is finished and complies with the rules, provide the documents and can occupy the property straight away; the town hall can inspect it afterwards. In others, an express licence is needed.
First occupation licence and habitability certificate
They are not the same thing. The habitability certificate (cédula de habitabilidad), which exists in some regions (for example, Catalonia or the Balearic Islands), certifies the minimum conditions for living in a home; first occupation checks that the work matches what was authorised. There you may need one, the other or both.
If you are buying a new-build home
Before signing the title deed (escritura), check that the developer has the licence or has filed the responsible declaration, and ask for a copy: without it you will have trouble with the utilities, and the bank will require it. If it is delayed, check what the contract says.
What happens if it is refused
If the work doesn’t match the licence, the town hall can refuse it or require the changes to be legalised: appeal for reconsideration (recurso de reposición) within one month or court within two. A planning lawyer can help you. Before this comes the building licence; afterwards, with several homes, you set up the owners’ community.
What it is for
When you will be asked for first occupation
Four moments when you need to have it.
01
Living in the home
To live in it with full guarantees and avoid fines.
02
Contracting the permanent utilities
Electricity, water and gas companies usually ask for it before setting up the contract.
03
Registering the completed new build
The Land Registry (Registro de la Propiedad) requires proof of the administrative check laid down by regional rules.
04
Selling or mortgaging
The notary, the bank and the buyer are going to ask for it.
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Frequently asked questions
Questions about the first occupation licence
Who applies for the first occupation licence?
Normally whoever promoted the work: the developer on a housing development, or the owner themselves if they have had their own house built.
How long does a first occupation licence take?
It depends on the region and the town hall. With a responsible declaration, you can occupy the home as soon as you file it in full; with a licence, you have to wait for the decision.
Can I live in a house without a first occupation licence?
Not legally: the town hall can fine you and you will have trouble contracting the permanent utilities, registering the new build at the Land Registry or selling the home.
Is the final completion certificate the same as the first occupation licence?
No. The final completion certificate (certificado final de obra) is signed by the professionals who directed the work, and it is one of the documents submitted to the town hall for first occupation.
Is a first occupation licence needed for a resale home?
In general no: it was obtained when the building was constructed. It may be needed again after a full refurbishment or a change of use, such as converting commercial premises into a home.
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