To register a newly completed building, a First Occupancy License is required.
This is an important document for the property owner, as a copy of the LPO must be provided when contracting basic utilities such as electricity, gas, water, and even telephone services.
In some Autonomous Communities, in addition to the LPO, another authorization exists: the Certificate of Habitability, issued by the regional housing authority. Although similar technical documentation is required for both, they should not be confused.
To better understand what the First Occupancy License is and how to obtain it, here is all the information you need:
What is the First Occupancy License?
The First Occupancy License is an official document issued by the local council where the new building is located.
It certifies that the building has been properly completed and constructed in accordance with applicable urban planning and building regulations, as well as the project and conditions specified in the building permit.
It is a mandatory requirement for new constructions and major renovations, as it allows the property to be legally occupied and used.
What are the requirements to obtain the First Occupancy License?
The First Occupancy License can be requested by the developer of the new building. The application must meet the following requirements:
- Submission of the necessary documentation.
- Verification of legal compliance.
If everything is in order, the First Occupancy License is issued. Otherwise, any deficiencies will be identified and must be corrected before reapplying.
The process for applying for the First Occupancy License
The process begins once construction has been completed. The developer must notify the local council by submitting the Final Construction Certificate (CFO) along with supporting documentation. Municipal technicians will verify that the works have been properly executed and review the submitted documentation, carrying out inspections if necessary.
In many municipalities, it is also possible to process first occupancy through a Declaration of Responsibility, in which the applicant states that the building complies with all applicable regulations and has the required documentation, subject to verification by the council.
Documentation required to process the First Occupancy License
The required documentation (which may vary depending on the municipality) generally includes:
- Proof of representation (if applicable).
- Completed application form.
- Final construction certificate from the architect.
- Proof of payment of fees.
- Additional reports, if required.
- Installation certificates.
- Building logbook.
- Actual final cost of the completed works.
- Proof of cadastral update submission.
- Energy efficiency certificate.
- Utility connection and vehicle access permits, if applicable.
- Final classification (for protected housing, if applicable).
How long does it take to obtain the First Occupancy License?
The entire process usually takes around three months. As with many administrative procedures, a fee must be paid by the developer.
The amount depends on factors such as the type of construction, size, and local council criteria.
Frequently asked questions about the First Occupancy License
Is the First Occupancy License required to sell a property?
Yes. Under current legislation, it is essential to have the LPO to formalize the sale of a newly built property, as it is required for registration in the Land Registry.
It is also required by banks before granting a mortgage.
What happens if I do not obtain the First Occupancy License?
A property without an LPO may be subject to significant fines and penalties, depending on the risk associated with occupying it.
Additionally, without the LPO, it is not possible to contract basic utilities, rent, or sell the property, as it is considered uninhabitable.
Can I apply for the First Occupancy License online?
Some municipalities allow online applications through their official websites. In such cases, all documentation must be submitted digitally.
How much does it cost to apply for the First Occupancy License?
The cost depends on the local council’s fees, as well as factors such as the type of construction and its size.
Currently, the cost typically starts at around €800 to €900.