What is a Certificate of Habitability?

A certificate of habitability is an official document that certifies that a dwelling meets the minimum habitability requirements established by current regulations. This certificate ensures that the property is suitable for habitation, guaranteeing that it complies with the necessary conditions of safety, hygiene, and comfort. It is a fundamental requirement for renting or selling a property in many regions.

What Information Does the Certificate of Habitability Provide?

The certificate of habitability provides key information about the property, including:

Property Identification: Address, type of property, and owner details.
Habitability Conditions: Verification that the dwelling meets safety, hygiene, and comfort standards.
Usable Area: Specifies the habitable surface area of the property.
Occupancy Limit: States the maximum number of people who can inhabit the property.
Date of Issuance: Indicates when the certificate was issued and its validity.

When Is a Certificate of Habitability Needed?

The certificate of habitability is required in several situations:

Renting a Property: If you intend to rent out a property, you’ll need this document to demonstrate that the dwelling is suitable for habitation.
Selling a Property: When selling a house or apartment, the certificate must be presented to potential buyers.
Renovation or Rehabilitation: If significant work is carried out on a property, you may need to obtain a new certificate of habitability.
Construction of a New Home: For newly constructed homes, the certificate is required to certify compliance with regulations.

What Happens if You Don’t Have a Certificate of Habitability?

The main consequences are as follows:

Inability to Legally Rent or Sell: You cannot legally sell the property, as the certificate is required in many regions to ensure the property meets minimum habitability standards.
You also cannot rent it out for residential purposes, as it would not be legal to live in a space not certified as habitable.

Requirements to Obtain a Certificate of Habitability

To obtain the certificate, the following requirements are generally necessary:

Required Documentation:
- Title deed or lease agreement.
- Technical project for the property (for new constructions or renovations).
- Certificate of completion of work (if applicable).
- Technical report certifying compliance with regulations.
Technical Inspection: A qualified technician (architect, engineer, etc.) must conduct an inspection to verify that the property meets habitability requirements.
Submit the Application: Once all documentation and the technical report are ready, submit the application to the local council or relevant authority.
Wait for Resolution: The competent authority will review the documentation and conduct the necessary inspections. If everything is in order, the certificate will be issued.
Collect the Document: Once approved, you can collect your certificate of habitability from the office where the application was submitted.

Types of Certificates of Habitability

Different types of certificates exist, which may vary depending on regional regulations. The most common are:

First Occupancy Certificate: Granted to newly constructed buildings that meet all habitability requirements.
Second Occupancy Certificate: Issued for properties that have been previously inhabited and have undergone renovations or rehabilitations.
Provisional Certificate of Habitability: In some cases, a provisional certificate may be issued, allowing the property to be inhabited while finalising the process for the definitive certificate.

Conclusion

The certificate of habitability is an essential document to ensure a dwelling is fit for habitation. Knowing when it is needed, how to process it, and the different types available will help you comply with regulations and facilitate the rental or sale of your property. If you have any doubts, it is always advisable to consult a professional or your local council for specific and updated information.