Occupancy Permit in Spain, a vital document

Property purchase in Spain
An Occupancy Permit in Spain (a Cedula or Certificado de Primera o Segundo Ocupación) is really important if you are buying property in Spain.

So – do not let agents or other people confuse you by saying that an Occupancy Permit in Spain is unnecessary or worthless.  It is not!

Indeed, according to article 33.2 of “Ley 3/2004, de 30 de junio, Generalitat Valenciana, de Ordenación y Fomento de la Calidad de Edificación”, if ten years have passed since the owner of a property last obtained an Occupancy Permit for his house then a new one must be applied for if his property is being sold.  This is also the case when you need to obtain a new electricity or water supply contract”.

I have scanned the last occupancy permit I have obtained for one of my clients who recently bought a property in La Font D´en Carrós. Point number four of the document named “OBSERVACIONES” confirms the above.

So – if you are told that because a property has mains water and electricity that there is NO need to obtain an Ocupancy Permit – do not accept this!  Ensure that your seller obtains an Occupancy Permit and do not allow anyone to lie to you about an Occupancy Permit in Spain being unnecessary!  If you accept this nonsense then you will be the one paying the consequences.

Always keep in mind that a good lawyer will always request the following documents from an agent/the seller’s lawyer:

1) Deeds for the property

2) Last utility bills (electricity, water, phone, gas…)

3) Occupancy Permit for the property

4) Last council and rubbish tax bills

5) Certificate from the Town Hall confirming that all past taxes have been paid.

Good luck on your house hunting!

Carolina Just

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