2010-00-00-How to get a First Occupation Licence

Q. I live in a house with a garden, built in 1980, licensed, but we don't have the first occupation licence, and now we want to sell it.  The problem is, the plot is registered in the Land Registry but not the house.  Can I apply directly for first occupation licence and register the house in the Land Registry?

A.  The answer is yes, but with some requirements.
Your case is very common, because in those days many people only registered the plot and not the house in order to pay fewer taxes.

There are two ways go about it.

The usual way is by preparing a deed of declaration of new building (declaracion de obra nueva) at the Public Notary.  You will need to provide a copy of the building permit, certificate of final completion and that the building conforms to the project which received planning permission, made by an architect, stamped by the Architects Association. You have to apply for the first occupation licence at the town hall providing the building permit, certificate of final completion (by the architect).

Alternatively, because the house was built some time ago, it may be hard to find the documentation, and, therefore, you can make a deed of declaration of new building more easily at the Public Notary with a certificate of an architect - certifying that the property was built more than 15 years ago and also a certificate from the council stating the building is not affected by any disciplinary action (for illegal urban). This deed must be settled, paying taxes at 1 per cent of the value (value should be set according to the average values in the area for buildings of that age).