First Occupancy License: What It Is and How to Get It

ARCHITECTURE

Apr 16

Written By Francisco Javier Muñoz Fuentes

After months (or even years) of construction, the long-awaited moment arrives: the keys are in your hand, the home is finished, and everything seems ready to move in. But before you can live in or rent out the property, there’s one essential step: obtaining the First Occupancy License (FOL).

This crucial procedure often raises questions. That’s why we’re breaking down what it is first occupancy license, when it’s required, how to apply for it, and what happens if you don’t have it—complete with examples from different municipalities.

First Occupancy License Munoz Barcia Architects

WHAT IS A FIRST OCCUPANCY LICENSE?

The First Occupancy License, also known as a Use or Habitation License, is an official document issued by the Town Hall. It certifies that a newly built property—or one that has undergone a change of use—has been constructed in accordance with the approved project and meets all necessary requirements for habitability, safety, and urban planning.

In simple terms: it’s the permit that confirms the property is legally ready to be inhabited.

WHEN IS IT REQUIRED?

The FOL is mandatory in the following cases:

Newly built homes
Buildings or premises undergoing a change of use (e.g., from commercial to residential)
Full rehabilitations or extensions that affect habitability
Horizontal property divisions for registering new dwellings
Activation of permanent utilities (electricity, water, gas)
Mortgage applications or registration at the Land Registry

WHAT HAPPENS IF YOU DON’T HAVE IT?

Living in or renting out a property without this license can lead to:

Urban planning fines for illegal occupation
Inability to activate permanent utility services
Problems when selling or notarizing the property
Lack of coverage from home insurance

In tourist areas like Sotogrande, Marbella, or Mijas Costa, not having an FOL may also prevent you from registering for a tourist license or holiday rental (VUT).

TELL US WHAT YOU NEED

WHAT DOCUMENTS DO I NEED TO OBTAIN THE FIRST OCCUPANCY LICENSE?

Each Town Hall has its own requirements, but generally—especially in places like Málaga, Marbella, Estepona, or Mijas—you’ll need:

Final Works Certificate, signed and endorsed by the architect and technical architect
Original building permit
Endorsed project or technical report
Installation certificates (electricity, plumbing, telecommunications, etc.)
Building Book (for developments)
Proof of payment of the Construction, Installations and Works Tax (ICIO) and municipal fees
Health & Safety Coordinator’s Final Declaration (if applicable)

In most cases, the architect handles the preparation, submission, and full follow-up of the application.

HOW LONG DOES IT TAKE TO BE ISSUED?

Timeframes vary depending on the municipality and number of applications:

In Málaga city, it can take between 2 to 4 weeks, if everything is in order
In Marbella, the average is around 1 to 2 months
Estepona and Mijas sometimes allow processing through sworn declaration, enabling occupancy from day one if documentation is complete
In Sotogrande (San Roque), it depends on the Urban Planning Office, but with solid preparation, the process flows smoothly

WHY HIRE A LOCAL ARCHITECT?

Each Town Hall has its own particularities and regulations. For example:

Málaga has heritage-protected zones that require a Cultural Heritage report
Marbella and Mijas apply urban regulations that vary by district
Estepona may request additional certificates for non-consolidated land
Sotogrande enforces strict urban planning rules due to its exclusive character

Working with an architect familiar with local regulations saves you time, paperwork, and potential headaches.

At Munoz Barcia Architects, we’re happy to help you with every step of the process. Not only do we design your home, but we also handle all technical and legal procedures so you can enjoy peace of mind. Call us without obligation.

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