First occupancy licence

The “first occupancy licence” (licencia de primera ocupación) is the procedure that closes a new build: it shows the town hall that the building has been completed in line with the project and can be used. Without it you cannot take out permanent contracts for water, electricity and gas, and the bank or the notary usually ask for it in order to register the completed new build in a deed or to sell.

How it works in the Valencian Community

Although it is still called a licence, today it is a declaración responsable for first occupancy, regulated by article 233 of the TRLOTUP and Decree 12/2021 of the Consell. It is submitted to the town hall with the end-of-works documentation, and with it the owner declares that the building complies with the approved project and with building quality regulations.

How it works in the Region of Murcia

In the Region of Murcia, first occupancy is also processed through a declaración responsable, under the Region's Law 13/2015 on land and urban planning, with the certificate of completion and whatever documentation each town hall requires.

What documentation it needs

• Certificate of completion of works signed by the site supervision team.
• Drawings and a description of what was actually built, if there have been changes from the project.
• Building logbook and installation documentation (installer's certificates, utility company certificates).
• Energy performance certificate (EPC) for the completed building.
• Proof of registration with the Cadastre (Catastro) and of payment of fees, depending on the town hall.

Each municipality has its own form and its own exact list. We check it before submitting so that there are no requests for further information.

How we do it

1. If we supervised the works, we already have almost everything: we issue the certificate of completion and gather the rest.
2. If another professional supervised the works, we review their documentation and tell you what is missing.
3. We prepare the file and submit it to the town hall, and give you the registered copy for the utilities and the notary.

Frequently asked questions

Is it the same as second occupancy?

No. First occupancy is for newly built buildings (or ones that have been extended or fully renovated). For existing homes that are being sold or let, what you need is the second occupancy.

Can I live in the house before submitting it?

You shouldn't: until the declaration is submitted with all the documentation, the home is not authorised for use, and utility companies will only give you a construction-site contract.

My house was finished years ago and it was never applied for. What do I do?

It depends on whether the works had a licence and whether what was built matches it. We look at each case individually; sometimes it is a late first occupancy and other times a legalisation.