Do I really need a habitation certificate? – Case Study

The problem started for Mary with a missing water bill. ‘I really didn’t think it would be such an issue,’ explains Mary, who has lived in her property for the last thirty years. ‘But when I went into Águamed I was told that I couldn’t change the name on my contract because I didn’t have the cédula de habitabilidad. I didn’t have a clue what this was or where I would find it!’

The problem originated with the fact that when Mary bought her property all those years ago, the utilities were not correctly signed over to her.

She had paid for her property outright and had no idea of some of the processes that should have accompanied it. ‘I knew that the name on the water bill wasn’t mine of course, but I’ve paid the bill every quarter without a problem and thought it was just a matter of ‘putting the record straight’ to get the name changed.’

Even with the knowledge that this was what she needed, obtaining a habitation certificate wasn’t going to be a walk in the park. The problem for Mary is that the urbanisation she lives on has never actually been signed over to the local town hall by the builders. With this process never having been completed, no first occupancy licence was issued and subsequently no habitation certificate.

‘All I wanted to do was change the name – I’ve been living here for over thirty years and have paid the water bill in all that time. What can be so difficult?’

With hindsight Mary should have had a new water contract when she bought the property but, like many people buying abroad, it is difficult to know what the rules are and why things happen as they do. You are dependent on the advice of those you deal with and, if you’re not careful about who you choose, this can cause problems at a later date. As Mary found out.

Prevention is the best option

Even though the purchasing process has tightened up significantly in Spain, it is still very important that you take the right advice. At Ábaco we continue to meet people who have tried to save money by doing things themselves or hiring someone without the correct qualifications and expertise.

If your property is brand new then it will have been issued with what’s called a first occupancy licence or Licencia de Primera Ocupación. This indicates that the property developer has fulfilled all obligations and that the property is ready for occupation. In Mary’s case this part of the process had not been completed. Something of which she remained unaware of for years.

The habitation certificate is a vital document that you need to enable you to change the name on the utility bills as a new owner. Without this, you may encounter hurdles if you do want to make changes to your utility contracts at a later date. This includes choosing a new rate or changing providers.

Mary is keen to ensure now that all her documents are in place so that when her children come to inherit there aren’t obstacles for them. She has already discovered the hard way that one of the documents she needs is the habitation certificate.

Finding a solution

Mary’s situation is complicated by the historical difficulties and irregularities of her urbanisation. However, for most people discovering they do not have a habitation certificate, there is a relatively straight forward process for remedying the problem. A good solicitor can help you apply at the town hall for a replacement.

If you are considering selling your property, then Ábaco can help you check that you have the necessary paperwork, including the habitation certificate, available.