The ‘licencia de primera ocupacion’ and the ‘cedula de habitabilidad

Before buying a property in Ibiza there are many things to consider and check: From the building permit to the existing encumbrances in the land register to the payment of the corresponding taxes etc.

The importance of the first occupation permit ( licencia de primera ocupacion) and the certificate of habitability ( cedula de habitabilidad) is often underestimated by both the seller and the buyer.

In Ibiza, the first occupation permit is issued by the municipality responsible for the first occupation and use of a property. However, this is the case regardless of whether the property is a new construction or whether the existing property has been altered or enlarged. In the second case, a first-time occupancy permit must therefore be issued again by the authorities.

The first-time occupancy permit should not be confused with the certificate of habitability (“cedula de habitabilidad”). There is often the mistaken view that this is a document that is only required for the completion of a new building. The “cedula” is a document issued in Ibiza by the Consell Insular (Island Council). It proves that a building used for residential purposes meets the minimum requirements in terms of size, technical installations and sanitary facilities. The “cedula” thus fulfils a state control function, which can already be seen from the fact that water and electricity connections in new buildings may only be installed if the “cedula” is present.

But even if the “cedula” existed at an earlier point in time and the connections exist, one has to know that this has a duration of only 10 years and is not automatically extended by the authorities. Depending on the individual case, the property falls into one of three different “cedula” categories:

-The “cedula” at first occupation (“cedula de primera ocupacion”) is always necessary when a building is completed for the first time or when parts of it have been added. In addition to proof of ownership (current excerpt from the land register), plans and photographs signed by an architect, including cadastral data, must be submitted to the Island Council. Furthermore, the building permit and the certificate of completion ( certificado final de obra) of the architect and the municipality must be submitted.

-The “cedula”, which is issued in case of an extension (“cedula de renovacion”), must be applied for after ten years. In this case, a current extract from the land register, a site plan signed and dated by the architect, with the cadastral office data and photographs of the property must be submitted to the authorities. Through the certificate of renewal, the authority has the opportunity to review properties that may have been altered in the last ten years without a building permit.

-A negative certificate (“cedula de carencia”) can only be applied for if the property in question was built before 1 March 1987. Here too, a recent extract from the land register must be presented to the authorities as proof of ownership, together with photographs and a site plan. However, in contrast to the other two cedula applications, it is sufficient to present a certificate (“certificado de situacion urbanistica”) which shows that the building was completed before 1 March 1987 and that no structural changes have been made to the property since then.

As can be seen, the extension of an expired “cedula” is particularly important for the planned sale. The existence of a currently valid “cedula” is also a prerequisite for obtaining the commercial tourist licence to rent out private houses in Ibiza.

When buying a “second-hand” property, the buyer should always bear in mind that the entry of a new building in the land registry does not necessarily mean that the “cedula” and the first occupation permit are also available. The notary is not obliged to require the presentation of the permission for first occupation and the “cedula” when the declaration of a new building is made for an already existing property. Therefore, when buying a property in Ibiza, always insist on presenting these documents and check what you are buying.