Andalusian rental law - Applying for your first occupation license

Owners of holiday rental properties registered in Andalucía will now face potential fines if they don’t yet have their first occupation license in place.

Apply for your first occupation license or risk facing a fine

Amongst the clauses set out in May of last year for applying for a Viviendas con Fines Turísticas (VFT) registration number in the Registro de Turismo de Andalucía, was that a property must have a Licencia Primera de Ocupación (first occupation license), or in the case that a property does not have a license in place, a Cédula de Habitabilidad (habitation certificate).

Owners were initially given a one year period of grace in which to apply for their license, however, with thousands of inspections overdue and not enough inspectors available to perform them, the requirement for a first occupation license has been brought forward.

If you have applied for a VFT number for your property in Andalucía, and do not yet have a first occupation license, it is important to begin the application process now.

Implemented in 2005, the first occupation license is a certificate awarded to residential properties in Andalucía which guarantees the property is compliant with building legislation is fit for residential use and meets public safety standards.

Unfortunately many owners of properties constructed prior to 2005 have found themselves having to pay for a habitation certificate as no such document existed when their property was built.

How to find your first occupation license

If you own a property in an urbanisation or complex, check with your administrator to find out if a first occupation license exists for your community, or speak with the lawyer who handled the purchase of your your property as if a first occupation license is in place it will have made up part of the purchase paperwork along with your title deeds.

Alternatively your local town hall will be able to provide you with a copy of the first occupation license. You will need to provide copies of your title deeds (Escritura) and catastral reference and may be charged a small administration fee.

If no first occupation license exists for your property you will need to apply for a habitation certificate which is a little more complex.

Applying for a habitation license (Cédula de Habitabilidad)

Firstly the property will need an architects report stamped by the Collegiate of Architects of Andalucía and, depending on the age of the property, a Certificado de Antigüedad. The Ayuntamiento will then process the application subject to a charge which varies from one town hall to another but can be up to 1.5% of the construction value in Marbella and Estepona.

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