First occupation license in Malaga: what is it, when it takes and how to obtain it

The first occupation license, also known as LPO, it is a fundamental urban procedure in the field of housing and building. In the city of Málaga, as in the rest of Spanish municipalities, this permit certifies that a building, once the works have been completed, meets the legal and technical conditions necessary to be inhabited or used.

In this article we explain everything you need to know about the First occupation license in Malaga: What is it, when it is needed, what is its purpose, what documentation must be submitted and how it is processed before the City Council.

What is the first occupation license?

The first occupation license It is an administrative authorization issued by the City hall which allows you to legally use a new building or one that has been subject to substantial reform, rehabilitation or a change of use.

This document certifies that construction has been executed in accordance with the Work license granted previously, and that meets the requirements established in urban regulations, the Technical Building Code (CTE), and other provisions on accessibility, health, security, energy efficiency, etc.

What is the first occupation license for?

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

• It allows to legally inhabit or use a property.

• It proves that the property is suitable for use, either as housing, local, office, etc.

• Facilitates basic supplies, such as water, light, gas or telecommunications.

• It is a prerequisite to register the house in the Property Registry.

• It is necessary to sell or rent the property legally.

• Avoid urban sanctions or problems in the future.

Without this license, the use of a property can be considered illegal and be subject to fines, limitations of use or even eviction orders.

When is the first occupation license mandatory?

This permit is mandatory in the following cases:

1. New construction works

Any housing, building or new place of new plant needs the first occupation license once the works are finished.

2. Comprehensive reforms or rehabilitations

If a reform has been carried out that affects the structure, distribution, use or general facilities of the property, a new occupation license is necessary.

3. Change of use

When a place becomes housing, office or any other use other than the original, an LPO that validates the new destination of the property should be requested.

4. Extensions or segregations

If an building has been expanded or has been divided into several functional units, each must have its corresponding license.

Who should request the first occupation license?

The application can submit it:

• The promoter or builder (in promotions of new construction).

• The owner of the property (in particular cases).

• And Authorized representative, as a technician, architect the manager.

In real estate promotions, it is usual for the promoter to obtain this license before delivering the homes.

Where is it request in Malaga?

The First occupation license in Malaga must be requested before the Municipal Urban Planning Management of the City of Malaga, either face -to -face (by appointment) or through your Electronic Headquarters.

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

Necessary documentation

The Malaga City Council requires the following documentation to process the first occupation license:

• Official application, signed by the interested party.

• JUSTIFICATOR OF PAYMENT OF THE MUNICIPAL RATE.

• FINAL WORK CERTIFICATE, issued by the work director (architect or rigger).

• Energy Efficiency Certificate, registered in the Junta de Andalucía.

• Technical documentation: plans, photographs, etc.

• Facilities bulletins (Electric, plumbing, gas), if applicable.

• Original work license with visa and attached documentation.

• Accessibility certificate (in works of public use or collective residential).

• Compliance Report of the Technical Building Code.

• High cadastral and writing, in case of new construction.

In certain areas, such as the historic center or protected real estate, it can also be required Historical Heritage Report.

Processing procedure

The process to obtain a first occupation license in Malaga follows the following steps:

1. Completion of the work and technical certification.
   The responsible architect issues the final certificate of work, guaranteeing that it has been executed in accordance with the approved project.

2. Gather all documentation.
   Certificates, reports, plans and documents required are collected.

3. Presentation of the application.
   It is delivered to the Urban Planning Management (face -to -face or digitally).

4. Technical and urban review.
   The City Council proves that everything fits the authorized and legal.

5. License granting.
   If everything is correct, the LPO is granted and the official document is issued.

How long does it take to grant?

The Average term On the resolution of a first occupation license in Malaga depends on the volume of the file and the administrative load of the moment. Under normal conditions, time ranges from:

• 1 to 3 months For single -family homes or simple use changes.

• 3 to 6 months for promotions of several housing or complex rehabilitations.

In urgent cases, it is advisable to submit the application in advance or have technical advice.

Does the first occupation license have cost?

Yes, this procedure is subject to a municipal rate, which varies according to the surface and type of the property. Malaga City Council annually publishes its Fiscal Ordinances, where the amounts are detailed.

In general, the cost can range between:

• 50 € y 150 € For single -family homes.

• More than € 200 in commercial premises or multi -story buildings.

Difference between habitability card and first occupation license

It is important not to confuse both documents. Although they fulfill similar functions, they are not the same:

• The first occupation license it's a Urban act regulated by the City Council.

• The occupancy certificate, in force in other communities such as Catalonia or Balearic Islands, proves minimum habitability conditions, but It does not replace To the LPO.

In Andalusia and Malaga, the only legally valid document is the first occupation license.

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

The lack of LPO can generate important legal and administrative problems, among them:

• Impossibility of hiring supplies of water, electricity or gas.

• Fines to Sanctioned Expedients for improper use of the property.

• Difficulties to sell or rent property.

• Problems to mortgage or register housing.

• Insurance disability or legal claims.

In some cases, if the property is old and does not have this license, a Occupation license by seniority, presenting evidence of the continuous use of the property for more than 6 years.

Is it mandatory for old real estate?

If the property was built before the entry into force of the current urban framework and never obtained an occupation license, the City Council can accept a Responsible for Occupation by Antiquity, provided it is justified:

• That the use is continued for at least 6 years.

• That illegal works have not been carried out.

• Which meets the basic habitability and security requirements.

For this, documentation can be submitted such as supplies from supplies, writing, technical certificates and photographs.

Conclusion

The First occupation license in Malaga It is an essential procedure to legalize the use of any building, either newly construction, renovated or modified. It ensures that the property complies with all urban, technical and habitability regulations, and allows such important efforts as supplies, sale or rental.

Knowing well the requirements, documentation and deadlines of this procedure is key to avoiding legal complications and guaranteeing the legal certainty of the property. Although sometimes more bureaucratic procedure is considered, its importance is central in the process of legal consolidation of any property.