Second occupancy licence

The “second occupancy licence” (licencia de segunda ocupación) is the document that certifies that an existing home meets the conditions to be lived in. It is what used to be called the habitability certificate (cédula de habitabilidad), and you will be asked for it above all to sell the home and to set up water, electricity or gas in your name.

How it works in the Valencian Community

Although everyone still calls it a licence, today it is processed through a declaración responsable for second occupancy (or subsequent occupancy), regulated by article 233 of the TRLOTUP and Decree 12/2021 of the Consell. It is submitted to the town hall together with a certificate from a qualified professional confirming that the home still meets the conditions under which its occupancy was authorised or, if it never had a licence, the habitability conditions that apply to it.

In general, the declaration is valid for 10 years.

How it works in the Region of Murcia

In Murcia it is also done through a declaración responsable for subsequent occupancy, under the Region's Law 13/2015 on land and urban planning, with a technical certificate confirming that the home meets the habitability conditions.

How we do it

1. We review the documentation for the home: deeds or Land Registry extract (nota simple), Cadastre and, if there are any, previous licences.
2. We visit the home. We measure and check floor areas, ceiling heights, natural light and ventilation, basic services and general condition.
3. We draw up and sign the certificate.
4. We submit it to the town hall together with the declaración responsable and give you the registered copy, which is what the notary and the utility companies need.

If during the visit we see something that prevents us from certifying (for example, a room without ventilation or an extension without a licence), we explain what needs correcting and how.

What we need from you

• Deeds or Land Registry extract (nota simple) and cadastral reference.
• ID document (DNI) of the owner or owners.
• Previous licences for the home, if you have them (if not, that's fine).
• Access to the home for the visit.

The municipal fee is set by each town hall in its bylaw.

Frequently asked questions

Is it the same as the habitability certificate (cédula de habitabilidad)?

In practice it serves the same purpose. The cédula was abolished and its role is now played by first occupancy (for new homes) and second or subsequent occupancy (for existing homes).

Can I use the previous owner's one?

If it is still valid and the home hasn't changed, it may do. We check it against the documentation and tell you whether a new one is needed.

My house doesn't have a first occupancy licence. Can I apply for second occupancy?

Often, yes: for older homes the certificate is issued by checking the habitability conditions required by regulations. If parts were built without a licence, it's best to look into that first; we cover it under legalisation of unlicensed works.

Do I also need the energy performance certificate?

To sell or let, yes, but it is a separate document. If you ask us for both, we do a single visit: energy performance certificate.