Responsible Declaration for First Occupancy License: What It Is and How to Process It

ARCHITECTURE

Apr 16

Written By Francisco Javier Muñoz Fuentes

Completing a new build or major renovation is an exciting milestone—but it also comes with a final set of legal steps. One of the most important is obtaining the First Occupancy License (FOL). However, in many municipalities across the Costa del Sol—such as Málaga, Marbella, Estepona, or Mijas—there’s a much faster alternative: the responsible declaration.

In this article, we’ll explain what the responsible declaration for the first occupancy license is, what advantages it offers, how to submit it, and when you can use it.

WHAT IS THE RESPONSIBLE DECLARATION FOR THE FOL?

The responsible declaration is a document in which the developer or property owner notifies the Town Hall that the building complies with all technical and urban planning requirements to obtain the First Occupancy License, taking full responsibility for the truthfulness of the information provided.

This procedure replaces the traditional license application, which means you can legally occupy the property from the moment the documentation is submitted—without waiting for Town Hall approval.

WHEN CAN YOU USE THE RESPONSIBLE DECLARATION?

In some areas like Málaga, Marbella, Estepona, Mijas, and Sotogrande, you can use this route if certain conditions are met. Generally, you can submit a responsible declaration when:

The construction is complete and matches the approved project
There are no significant modifications to the original design
The work has been supervised by qualified professionals (architects or technical architects)
The dwelling complies with all habitability and safety standards set by local and regional regulations

In these cases, no physical inspection by the Town Hall is required. You simply present the declaration with all necessary documents—and you're ready to move in.

WHAT DOCUMENTS MUST BE SUBMITTED?

Although it’s called a “responsible declaration,” that doesn’t mean it lacks oversight. You must submit a full technical dossier to prove the project was completed according to the approved plans.

Typically, this includes:

Final Works Certificate endorsed by the architect and technical architect
Copy of the approved building license
As-built plans
Installation certificates (electricity, plumbing, telecoms, etc.)
Energy efficiency certificate
Proof of fee payments
In some municipalities, the Building Book

Once everything is submitted, the architect signs the declaration, and the file is registered.

TELL US WHAT YOU NEED

WHAT ARE THE ADVANTAGES COMPARED TO THE TRADITIONAL PROCEDURE?

The main advantage is speed. While a traditional FOL application may take 1 to 3 months, with this process:

You can move in immediately
No need to wait for Town Hall approval
You can activate utility services (water, electricity, gas) right away
It’s especially helpful for urgent formalities—like notarizing the property, securing a mortgage, or signing a rental agreement

WHAT ARE THE RISKS IF THE DECLARATION IS FALSE?

By signing a responsible declaration, you’re legally committing that the property meets all applicable requirements. If the Town Hall later inspects the property and finds discrepancies, it can:

Initiate a sanctioning process
Require corrective work
Even revoke the authorized use of the dwelling

A RESPONSIBLE DECLARATION—YES, BUT WITH TECHNICAL BACKUP

The responsible declaration for first occupancy is a highly efficient tool that allows you to legalize and inhabit your home quickly, particularly in municipalities like Marbella, Estepona, Mijas, or Málaga. However, it’s not just a form—it requires technical rigor, responsibility, and a complete and accurate file.

If you have any questions about how to begin processing your first occupancy license through a responsible declaration, Munoz Barcia Architects is here to help. Don’t hesitate to contact us!

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