Can I sell a property without a certificate of occupancy in Catalonia?

21 May, 2024
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Real Estate
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Neus Vallara


In Catalonia, in case of transferring a property, it is mandatory to prove that the property meets the habitability conditions by providing the corresponding certificate of occupancy. However, there are certain cases in which the law allows the buyer to exempt the seller from this requirement. In this article, we analyze these cases.

First, what is the certificate of occupancy? The regulations define the certificate of occupancy as “the administrative act by which it is certified that a dwelling meets the minimum habitability conditions provided by Law 18/2007, of December 28, on the right to housing, and that, therefore, it is suitable for human residence, without prejudice to the development of other duly authorized activities”. It is clear that the key is that the dwelling is habitable, so those dwellings that are not “habitable” will not have a certificate of occupancy.

The law obliges the seller of a property to deliver the certificate of occupancy to the buyer, even requiring the collaboration of Notaries and Registrars, as the Notary must ensure that the property has the certificate of occupancy at the time of transfer, and the Registrar cannot register the transfer if this requirement has not been met.

So, can properties described as dwellings be transferred if they do not have a certificate of occupancy? What happens if we want to buy a dwelling, for example, that is in ruins to renovate it? Can we buy it even without the certificate of occupancy? The answer is yes.

The legislator’s intention is not to limit the transfer of those properties described as “dwellings” that are not suitable for use but rather to guarantee the buyer that what they buy as a “dwelling” suitable for use really is, because there is an administrative act that recognizes it as such.

What are the exemption cases?

The law provides for certain exemption cases from the obligation to deliver the certificate, but only when it comes to dwellings that are not newly constructed. Let’s look at them below:

When the dwelling is to be rehabilitated or demolished: In both cases, it must be stated in the deed that, for the purposes of what is provided in Article 10 of Decree 141/2012, of October 30, regulating the minimum habitability conditions of dwellings and the certificate of occupancy, the buyer expressly exempts the seller from delivering the certificate of occupancy since the property is acquired with the purpose of being rehabilitated or demolished.

Additionally, in the case of rehabilitation, the deed must be accompanied by a report issued by a competent technician certifying that the dwelling can obtain the certificate of occupancy once the necessary rehabilitation works are carried out to meet the technical habitability standards.

The law establishes that in these cases the Registrar must note by marginal annotation that the transferred dwelling is subject to the execution of rehabilitation or demolition works, with this note being canceled once the certificate of occupancy obtained after rehabilitation is presented or with the municipal certification of demolition.

When the purpose of the property is not for use as a dwelling: The buyer can also exempt the seller from delivering the certificate if both parties expressly acknowledge in the deed that the property is not intended for use as a dwelling. This would be the case for those dwellings used as offices or studios.

When the parties agree to deliver the certificate at a later date than the transfer: However, this case is only accepted for exceptional and justified reasons. At the same time, the transfer deed must be accompanied by the registered application for the certificate and a certificate issued by a competent technician certifying that the dwelling meets the necessary conditions to obtain the certificate of occupancy for second occupancy. Thus, this would be a case of temporary exemption at the time of transfer, although it must be delivered later.

At MES Advocats, we offer comprehensive advice and support in the process of transferring or acquiring a property. If you need more information or are interested in obtaining a quote, you can contact our real estate law department at this link.

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Cèdula habitabilitatPurchaseHabitatgeReal EstateLawTransmission

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