First Occupation Licence in Spain: What It Is, Requirements and Why You Need It (2026 Guide)

What the Spanish first occupation licence is, how it differs from the second occupation certificate, requirements, documents, reasons for refusal and how to regularise a new build in the Valencian Community.

Published 24 September 2026 · Bufete Padilla · Planning and property law · Torrevieja, Elche and Moraira

Your new build is finished and the builder hands you the keys. Yet without a first occupation licence (licencia de primera ocupación, or the equivalent title in your region) the house is not legally ready to be lived in: the completed building cannot be registered, utilities may refuse permanent connections and any sale or mortgage becomes difficult.

> Summary in 30 seconds. The first occupation licence is the town hall act confirming that a newly built or fully refurbished building matches its building licence and is fit for use. It is requested once, when works finish. In the Valencian Community first occupation of new buildings with a building licence is handled through a responsible declaration (Consolidated LOTUP, Legislative Decree 1/2021, and Decree 12/2021). For existing homes the relevant document is second occupation, covered in a separate guide.

1. What it is

A regulated administrative act by which the town hall checks that what was built matches the approved project and that the property is fit for its intended use. Because it is regulated, the council must grant it if the works comply, and must give reasons if it refuses.

2. First occupation vs second occupation

| | First occupation | Second occupation (habitation certificate) |
|---|---|---|
| When | On completion of a new build or full refurbishment | Existing homes: sale, rental, utility changes |
| What it checks | Works match the licence and project | Current minimum habitability standards |
| Validity | Obtained once | 10 years in the Valencian Community |

For resale homes, read our guide to the [Spanish habitation certificate](https://bufetepadillatorrevieja.com/en/blog/cedula-habitabilidad-segunda-ocupacion-espana-2026).

3. What it is for

  • Registering the completed building (obra nueva terminada): Article 28 of the Spanish Land Act (RDL 7/2015) requires notaries and registrars to see the occupation title.
  • Permanent utility contracts instead of the temporary builder's supply.
  • Selling or mortgaging: banks and buyers ask for it.
  • Holiday lets, which require proof that the home is fit for use.
  • Setting the reference date for guarantees under the Building Act (LOE).

4. Usual requirements

  1. Building licence and any amendments.
  2. Completion certificate signed by the architect and technical architect.
  3. As-built plans.
  4. Installation certificates and energy performance certificate.
  5. Proof of Cadastre registration of the new building.
  6. Municipal fee and final building tax (ICIO) settlement.
  7. In the Valencian Community, the official responsible declaration with supporting technical documents.