The certificate of habitability is an essential document in many housing-related processes. This certificate guarantees that a property meets the minimum requirements of health, safety, and structural soundness to be inhabited. It is a mandatory requirement for renting, selling, or even requesting basic services such as water or electricity.

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However, despite its importance, many people don't know exactly what it is, how to obtain it, when it is needed, or what happens if a property doesn't have it. If you're wondering, Is my property eligible for a certificate of habitability?, or What steps should I follow to request it?, this blog will provide you with all the information you need to better understand the process.

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What is a certificate of habitability, and when do I need it?

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The certificate of habitability is a document that certifies that a property meets the basic requirements to be lived in with dignity and safety. These requirements may vary depending on the regulations of each region, but generally include elements such as ventilation, minimum space, lighting, and accessibility.

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In what situations is the certificate of habitability mandatory?

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The certificate of habitability is essential in several situations, such as:

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• Buying and selling properties: it is required to formalize the sale of a home.
• Renting: it is also required when renting a property, as it ensures that the tenant will have adequate living conditions.
• Connecting utilities: to connect basic services like water, electricity, and gas, utility companies often require this document.
• Renovations: in some major renovations, it may be required to ensure that the modifications do not affect the habitability of the property.
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Types of certificate of habitability

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Depending on the property’s situation, there are different types of certificates:

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• First occupation certificate: this is issued for newly built properties or those that have undergone a complete renovation.
• Second occupation certificate: this is for existing properties that have been previously inhabited and need the certificate renewed.
• Special occupation Certificate: this type of certificate is granted in exceptional cases, such as older properties that do not strictly meet current criteria but are still considered habitable.

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How to request a certificate of habitability

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The process to request a certificate of habitability varies by region, but generally follows these steps:

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1. Hire a qualified technician: an architect or technical architect must evaluate the condition of the property and draft a habitability report.
2. Submit the report to local authorities: once the report is complete, it must be submitted to the town hall or the relevant authority.
3. Inspection: in some cases, local authorities may conduct an additional inspection to verify that everything is in order.
4. Payment of fees: in most cases, an administrative fee must be paid to process the request.

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What happens if I don't have a certificate of habitability?

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Not having a certificate of habitability can cause serious issues:

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• Inability to sell or rent: without this document, you cannot legally complete a sale or rental transaction.
• Problems with utilities: you won't be able to contract services like water or electricity.
• Fines or penalties: in some regions, the absence of the certificate can result in financial penalties.

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Exceptions and special cases

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In some situations, it is possible to live in a property without a certificate of habitability, but these are exceptions and depend on local regulations. Some very old homes or those in rural areas may be exempt from this requirement, as long as it can be certified that the living conditions are adequate.

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The certificate of habitability ensures that a property meets the minimum living standards. If you're thinking of selling, renting, or activating utilities in your property, you must ensure that you have this certification. Although it may seem like just another formality, the certificate is crucial to protecting the rights of the occupants and ensuring a decent quality of life. If you have any doubts or need to start the process, it’s best to contact a professional who can guide you through it properly. Don’t wait any longer to ensure that your property meets all the requirements!

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