First occupation licence

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First Occupation Licence in Málaga: What it is, when you need it and how to get it

The first occupation licence, also known as the LPO, is an essential planning formality for housing and building. In the city of Málaga, as in the rest of Spain's municipalities, this permit certifies that a building, once work is finished, meets the legal and technical conditions needed to be lived in or used.

In this article we explain everything you need to know about the first occupation licence in Málaga: what it is, when you need it, what it's for, what documents you need to submit and how to apply to the City Council.

What is the first occupation licence?

The first occupation licence is an administrative authorisation issued by the City Council that allows a new building, or one that has undergone substantial renovation, restoration or a change of use, to be used legally.

This document certifies that the construction has been carried out in line with the building permit previously granted, and that it meets the requirements of planning regulations, the Technical Building Code (CTE), and other provisions on accessibility, health, safety, energy efficiency, etc.

What is the first occupation licence for?

The first occupation licence has several functions and legal effects. Some of the most important are:

• It allows a property to be lived in or used legally.

• It certifies that the property is fit for use, whether as a home, commercial premises, office, etc.

• It makes it easier to connect basic utilities, such as water, electricity, gas or telecoms.

• It's required before the home can be registered at the Land Registry.

• It's needed to sell or rent the property legally.

• It avoids fines or planning problems in the future.

Without this licence, using a property may be considered illegal and be subject to fines, restrictions on use or even eviction orders.

When is the first occupation licence mandatory?

This permit is mandatory in the following cases:

1. New construction

Every newly built home, building or commercial premises needs a first occupation licence once work is complete.

2. Full renovations or restorations

If a renovation affects the structure, layout, use or general installations of the property, a new occupation licence is needed.

3. Change of use

When commercial premises become a home, office or any other use different from the original, an LPO must be requested to validate the property's new use.

4. Extensions or subdivisions

If a building has been extended or divided into several units, each must have its own licence.

Who must apply for the first occupation licence?

The application can be submitted by:

• The the developer or builder (for new-build developments).

• The owner of the property (for individual cases).

• A an authorised representative, such as a technical professional, architect or agent.

In property developments, the developer usually obtains this licence before handing over the homes.

Where do you apply in Málaga?

The first occupation licence in Málaga must be requested from the Municipal Planning Department of Málaga City Council, either in person (by appointment) or through its online office.

👉 Official website: https://urbanismo.malaga.eu
👉 Online procedures: https://sede.malaga.eu

Documents required

Málaga City Council requires the following documents to process the first occupation licence:

• Official application, signed by the applicant.

• Proof of payment of the municipal fee.

• Certificate of completion, issued by the site supervisor (architect or building surveyor).

• Energy efficiency certificate, registered with the Junta de Andalucía.

• Technical documents: plans, photographs, etc.

• Installation certificates (electrical, plumbing, gas), if applicable.

• Original building permit with approval and supporting documents.

• Accessibility certificate (for public-use or multi-occupancy residential works).

• Report confirming compliance with the Technical Building Code.

• Cadastral registration and deed, for new construction.

In certain areas, such as the historic centre or protected buildings, a Historic Heritage report.

Processing procedure

The process for obtaining a first occupation licence in Málaga follows these steps:

1. Completion of the work and technical certification.
   The architect in charge issues the certificate of completion, confirming the work has been carried out in line with the approved project.

2. Gathering all the documents.
   The required certificates, reports, plans and documents are collected.

3. Submitting the application.
   It's submitted to the Planning Department (in person or online).

4. Technical and planning review.
   The City Council checks that everything complies with what was authorised and the law.

5. Granting the licence.
   If everything is correct, the LPO is granted and the official document issued.

How long does it take to be granted?

The The average time to decide on a first occupation licence in Málaga depends on the size of the file and the administrative workload at the time. Under normal conditions, it takes between:

• 1 to 3 months for detached homes or simple changes of use.

• 3 to 6 months for multi-home developments or complex restorations.

In urgent cases, it's advisable to apply early or get technical advice.

Does the first occupation licence cost anything?

Yes, this procedure is subject to a municipal fee, which varies according to the property's size and type. Málaga City Council publishes its tax ordinancesevery year, setting out the amounts.

In general, the cost can range between:

• 50 € y 150 € for detached homes.

• More than €200 for commercial premises or multi-storey buildings.

Difference between the certificate of habitability and the first occupation licence

It's important not to confuse the two. Although they serve similar purposes, they're not the same:

• The first occupation licence is a a planning act regulated by the City Council.

• The The certificate of habitability, used in other regions such as Catalonia or the Balearic Islands, certifies minimum habitability conditions but does not replace the LPO.

In Andalucía and Málaga, the only legally valid document is the first occupation licence.

What happens if I don't have a first occupation licence?

Not having an LPO can cause serious legal and administrative problems, including:

• Being unable to connect utilities such as water, electricity or gas.

• Fines or enforcement proceedings for improper use of the property.

• Difficulty selling or renting the property.

• Problems mortgaging or registering the home.

• Invalid insurance or legal claims.

In some cases, if the property is old and has no licence, you can apply for an occupation licence based on ageby providing evidence that the property has been in continuous use for more than 6 years.

Is it mandatory for older properties?

If the property was built before the current planning framework came into force and never obtained an occupation licence, the City Council may accept a responsible declaration of occupation based on age, provided you can show:

• That it has been in continuous use for at least 6 years.

• That no illegal work has been carried out.

• That it meets the basic habitability and safety requirements.

To do so, you can submit documents such as utility bills, the deed, technical certificates and photographs.

Conclusion

The first occupation licence in Málaga is an essential formality to legalise the use of any building, whether newly built, renovated or altered. It ensures the property complies with all planning, technical and habitability regulations, and allows such important steps as connecting utilities, selling or renting.

Knowing the requirements, documents and timescales of this procedure is key to avoiding legal complications and ensuring the property's legal certainty. Although sometimes seen as just another bureaucratic step, it's central to establishing the legal status of any property.