First Occupation License and certificate of urban infraction in new or ‘second-hand’ homes in 2024

If you are thinking of buying a house in Spain, take a look at our article on the advantages and disadvantages of buying a new build compared to a second-hand home.

Whether you are thinking of buying a new or second-hand home, there is a document that you must have: the first occupation license. This certificate, in addition to certifying that the home is habitable, is also very important if you buy a home to rent as a holiday property. Many administrations already require the first occupation license to be able to register the house as a holiday home here in Spain.

If the house is newly built, it will be much easier to obtain this certificate, since the construction is very recent. However, if you buy a second-hand home, you may come across arguments such as “the home is too old to have a first occupancy license.”

You should know that, even if the house is old, it is possible to process a first occupation license. You can take a look at our article in which we also talk about how to do it.

Regarding the certificate of urban infraction, this certificate is issued by the Town Hall where the house is located, and it is also very important to guarantee that we are not buying a house, for example, with works carried out without the necessary work licenses.

In the case of new homes, it will suffice for a lawyer to verify that the works carried out by the construction company are in accordance with the project approved by the City Council.

In the case of second-hand homes, the certificate must be requested at the City Hall, and it is very important that a lawyer reviews the content of the certificate to see that everything is in order.

There are other very important documents that you must ask for in any purchase process. It is always very important that your lawyer makes sure that the house does not have debts. As we always say, in Spain whilst it is not a legal requirement it is highly recommended that a lawyer advises you during the purchase process to check that everything is fine.

As always this isn’t legal advice. At Just Law Solicitors we can, of course, help with a Spanish work visa and any other visa such as the non lucrative visa, the golden visa, and registering as self-employed known as ‘autonomo’ here in Spain. We can also assist with the new digital nomad visa here in Spain, so you can work from home in Spain. 

If you plan on buying a property here in Spain, we can help you with the whole process but it’s important not to sign or pay anything until you’ve had advice from us. We can assist the non lucrative visa ‘NLV’ and opening a Spanish bank account. 
If you are thinking about moving to Spain, contact us so we can give you the proper advice according to your circumstances. We are Spanish qualified and registered lawyers at the Bar Association.

We are also proud to have a tax department with a Spanish qualified tax advisor and accountant formerly of Price Waterhouse and KPMG.

We also have a family law department. Sometimes it’s more beneficial for one party to get divorced here in Spain as opposed to for example the United Kingdom. We can also advise on custody and child maintenance here in Spain.

A Spanish will is recommended to properly deal with international jurisdiction and taxes. 
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