The Certificate of Occupancy ("Cédula de habitabilidad") in Mallorca

he Certificate of Occupancy is an essential administrative document that certifies a property - whether a residence, commercial space, or residential building - meets the minimum habitability requirements according to current regulations. This document is indispensable for numerous administrative and legal procedures.

Since the Decree 145/1997 ("Habitability Decree"), the certificate has been mandatory for connecting utilities such as water, sewage, electricity, gas, or telephone. Additionally, according to the Housing Law 5/2018 of the Balearic Islands, it is also required for the sale or rental of properties in Mallorca.

Requirements and Obtaining the Certificate of Occupancy

The Certificate of Occupancy confirms that a property meets the habitability standards defined by regulations. Obtaining this certificate is regulated by regional administrations, which establish the specific criteria properties must meet within their jurisdiction. In Mallorca, this regulation is detailed in Decree 145/1997, amended by Decree 20/2007.

The Certificate of Occupancy ensures that the property is fit for habitation in terms of health, safety, and basic equipment but does not certify urban planning legality.

Types of Certificates of Occupancy and the Process of Obtaining Them

Depending on the characteristics of the property and the circumstances of its use or renovation, there are different types of Certificates of Occupancy:

• First Occupancy Certificate: For new constructions or properties with significant renovations. It was necessary to demonstrate habitability from its initial use, but since the enactment of Decree 3/2024, it is no longer required and has been replaced by the municipal completion of works certificate.

• Renewal Certificate: For properties with an existing certificate whose validity has expired. Renewal ensures that the property continues to meet habitability standards.

• Deficiency Certificate: For properties built before March 1, 1987, that have never obtained this document. It allows for the regularization of older properties.

• Duplicate Certificate: For replacing a lost or damaged certificate, as long as it has not expired.

To apply for any type of Certificate of Occupancy in Mallorca, an architect’s intervention is necessary to verify compliance with habitability requirements. We can assist you in contacting specialized architects for this process.

Urban Planning Legality and Habitability

It is a common misconception that the Certificate of Occupancy automatically implies urban planning legality. The certificate only verifies that a property meets the minimum habitability standards and does not address compliance with urban planning regulations such as building permits or land use.

The existence of a certificate does not guarantee that the construction process followed legal procedures. Therefore, it is crucial to review both the Certificate of Occupancy and urban planning legality before purchasing a property.

Implications in Buying and Renting Properties

Since the Housing Law of the Balearic Islands of 2018, the Certificate of Occupancy has been critical in real estate transactions. Notaries and registrars must verify its existence in sales transactions. The lack of a certificate can complicate marketing and financing, affecting the new owner's ability to connect essential services.

The absence of a Certificate of Occupancy can deter buyers and complicate financing, as many financial institutions do not provide loans for properties without a valid certificate.

In the context of renting, having the certificate is equally mandatory, although there is no figure like a notary to enforce its compliance. However, it is important to note that the absence of a certificate does not affect the civil validity of the lease agreement.

Legal Background and Current Regulatory Framework

The regulation of the Certificate of Occupancy in Mallorca began with Decree 11/1986, which established the basis for issuing this document. This decree was a significant step towards creating a specific regulatory framework to ensure that housing met certain habitability standards.

Since 2018, it has been mandatory to include the Certificate of Occupancy in all sales transactions, ensuring that the property meets minimum habitability requirements.

Current regulations in Mallorca include the Habitability Decree and its amendments by Decree 20/2007. These provisions address not only the technical requirements for housing but also the administrative process for obtaining and renewing certificates. The Balearic Housing Law also mandates the inclusion of a valid certificate in all property transfers and rentals, as well as for utility connections.

Conclusions

The Certificate of Occupancy, although long-standing in both national (since March 1937) and regional (since 1986) regulations, has gained greater importance since the Housing Law of the Balearic Islands of 2018, which requires its inclusion in rental and sales operations in Mallorca.

The certificate confirms that a property meets habitability criteria but does not certify its urban planning legality. It is crucial to conduct a comprehensive urban planning review before purchasing a property to avoid future legal issues.

If you have more questions or need assistance to start the process of obtaining the Certificate of Occupancy in Mallorca, do not hesitate to contact us. We are here to help ensure your property complies with all current regulations and provides the necessary legal security.