What is the certificate of habitability
The Certificate of Habitability is the document that certifies compliance with the minimum requirements for a space to be habitable. This document is issued by the Community of Madrid.
What is the purpose of the certificate of habitability?
The certificate of habitability is mandatory for the following:
1. Contracting utilities for your property, such as water, electricity, gas, etc.
2. For second or subsequent transfers.
3. Renting properties (especially for tourist rentals)
4. Granting loans
5. Selling properties in specific cases
At The Charming Concept, we delve deeper into this article on obtaining the Certificate of Habitability to secure your tourist housing license. We also recommend checking out this article on the necessary requirements to obtain said license.
«My apartment is registered as a residential property in the deed and property registry; does this mean it has a Certificate of Habitability?
Having your apartment correctly registered as a residential property in both the deed and property registry does not necessarily mean that if you apply for a Certificate of Habitability, it will be granted without further requirements. You must still comply with regulations regarding room dimensions, ceiling heights, ventilation, windows, etc. This doesn’t mean you cannot live in or make the house habitable if it doesn’t fully comply with these standards. In fact, most homes we live in do not meet 100% of these regulations. The law we refer to dates back to 1944 and is much more restrictive than one might think. That said—don’t worry! At The Charming Concept, we can assist you by conducting a study to help secure the Certificate of Habitability for your property. If you are considering renovating your apartment for tourist rentals, we can advise you on specific details to address during renovations to fully comply with these requirements.
Order of February 29, 1944: regulations you must comply with
The regulations outline the minimum hygienic conditions that homes must meet:
1.- 1. Every family home must consist of at least a kitchen-dining room, one bedroom with two beds, and a toilet. The relationship between the home’s capacity and the number and gender of its occupants must always be considered.
2.- 2. Rooms must be independent of each other so that no bedroom serves as a passageway nor leads directly to a toilet.
3.- 3. Every habitable room must have direct ventilation to the outside through an opening with a surface area no less than 1/6th of the floor area.
4.- 4. Exceptionally, in buildings where direct ventilation for toilets and bathrooms poses challenges, ventilation chimneys meeting specific conditions may be authorized:
a) Extending 0.50 m above the roof or 0.20 m above terrace flooring.
b) Direct interior communication ensuring air renewal.
c) Adequate section size for cleaning access.
5.- Patios and light shafts that provide light and ventilation to kitchens and toilets must always remain open, uncovered at any height, with impermeable flooring and adequate drainage, including rainwater collection, drains, and a siphon trap. However, for industrial, commercial, public, or semi-public buildings, patios may be covered up to the height of the first floor. Patios must have a shape and dimensions that allow for the inscription of a circle with a diameter no less than 1/6 of the building’s height. The minimum permissible dimension for patios and light shafts is 3 meters.
6.- The minimum dimensions for various rooms are as follows: Single-bed bedrooms: 6 square meters of surface area and 15 cubic meters of volume. Double-bed bedrooms: 10 square meters of surface area and 25 cubic meters of volume. Living rooms: 10 square meters. Kitchens: 5 square meters. Toilets: 1.50 square meters. If the kitchen and living room are combined into a single space, it must have a dimension of 14 square meters.
The minimum width for hallways is 0.80 meters, except at the entrance to the apartment, where the width must increase to 1 meter. The height of all rooms, measured from floor to ceiling, must not be less than 2.50 meters in urban areas but may decrease to 2.20 meters in isolated houses or rural areas.
The lower floors of residential buildings must be insulated from natural ground using an air chamber or an impermeable layer to protect against ground moisture.
7.- In homes with attic rooms, the minimum height of vertical walls must be 1.20 meters, and the minimum volume of each room must comply with the standards outlined in the previous paragraph. In all cases, ceilings must be finished and whitewashed.
8.- Homes below street level in urban areas are only authorized if the following conditions are met:
a) Insulation from natural ground using an air chamber or an impermeable layer with a minimum thickness of 0.20 meters.
b) Waterproofing of walls and floors using appropriate waterproof mortars and materials.
c) Direct lighting for all rooms, with windows measuring at least half the height of the room; impermeable paving around the property extending one meter adjacent to facade walls. Staircases must have a minimum width of 0.80 meters and receive direct ventilation. In collective housing with more than two floors or more than four units, the minimum free width increases to 0.90 meters. In such cases, skylights providing zenithal lighting must cover at least two-thirds of the staircase area. For buildings taller than 14 meters (measured from the staircase starting point), elevators are mandatory.
9. – Wastewater from homes must be collected in impermeable and ventilated pipes and directed outside the property to connect to a sewer system if available within 100 meters of the building. Similarly, water supply connections are mandatory if public distribution networks are within 100 meters; each inhabitant is allocated a minimum daily supply of 50 liters, with no less than 200 liters per household.
10.- If no sewer system exists or if homes are located farther than specified distances from one, they must adhere to regulations set by the Ministry of Governance.
11.- Effluent from septic tanks must always be treated before mixing with running water or discharging into land through methods approved by health authorities.
12.- Toilets must have hydraulic seals even in cases where no public water supply exists or private water systems cannot provide water for flushing.
13.- In rural homes with attached stables or barns, these spaces must be isolated from living areas and have independent entrances.
14.- All residential buildings must ensure insulation against moisture in walls and floors as well as thermal insulation to protect against extreme temperatures typical of their region.