Before renting a property in Spain, tenants should ensure the habitation certificate, or “cédula de habitabilidad,” is current. This document confirms the property meets essential safety, hygiene, and size standards, ensuring a safe living environment. Without it, tenants might face issues with utility connections like water and electricity. Additionally, the certificate is crucial for legal rental agreements and protects tenants from potential legal complications. Checking this certificate helps safeguard tenants’ rights and ensures compliance with local housing laws.
Some things that can happen to a property if construction is not built to code
- Foundation problems: Cracks in the foundation can develop, leading to instability and potential collapse if left unchecked. Here are some examples of incidents in Spain where people have been killed or injured due to illegal building practices:
Palma de Mallorca Nightclub Collapse (2024)
Peñíscola Building Collapse (2021)
Madrid Gas Explosion (2021)
Alcanar House Explosion (2017)
Valencia Metro Accident (2006)
Lorca Earthquake Building Collapses (2011)
Tenerife Apartment Building Collapse (2016)
Marbella Balcony Collapse (2019)
Málaga Construction Site Accident (2020)
Ibiza Hotel Balcony Fall (2018)
- Sagging or uneven floors: Poor construction can result in floors that are not level, causing safety hazards and further structural damage.
- Roof issues: Improperly installed roofing can lead to leaks, water damage, and even collapse in severe cases.
- Plumbing failures: Substandard plumbing work can result in pipe bursts, flooding, and extensive water damage.
- Mould and mildew growth: Inadequate waterproofing or moisture control can lead to the proliferation of harmful mould and mildew. This is unfortunately something we see in many modern buildings too due to the wrong materials being used even when built to code.
- Damp ceilings or walls: Poor construction practices can allow water infiltration, causing unsightly and potentially hazardous dampness.
- Presence of hazardous materials: Older homes or those with subpar construction may contain dangerous substances like asbestos or lead.
- Electrical: In the past decade, Spain has faced significant electrical safety issues in general with 32% of dwellings being unsafe, and a further 35% of dwellings being very unsafe! Many older buildings lack compliance with current standards, contributing to numerous accidents and fatalities.
In Spain, the issue of illegal properties has become a significant concern, with estimates suggesting a substantial number of such dwellings across the country. According to AUAN, an organization fighting urban planning abuses, there are approximately 300,000 illegally built homes but this number is well over 400,000 with many more not being investigated. The problem extends beyond construction, as the Cerdá Institute estimated in 2017 that around 87,000 homes were squatted, a figure that rose to 100,000 according to a 2018 study by the National Institute of Statistics. Adding to this complex landscape, the Secretary-General for Consumer Affairs has indicated that over 90% of registered tourist flats in some Spanish cities may be non-compliant with regulations, hinting at a potentially large number of illegal tourist rentals. The issue varies regionally, with Catalonia, for instance, accounting for about 42% of all squatted properties in the country. These figures, while alarming, may have evolved since their initial reporting, underscoring the ongoing challenge Spain faces in addressing its illegal property situation.
Obtaining a habitation certificate for a property is essential not only for safeguarding your family’s health and safety but also for legal compliance. A building without this certificate cannot be legally rented, raising questions about how they are on the market and nothing is being done by the authorities. This situation is exacerbated by the prevalence of illegal rentals, which often operate without the necessary licenses and inspections, allowing landlords to evade costs associated with compliance. As a result, they can undercut legal operators, creating an unfair market that drives up prices across the board. By prioritizing the acquisition of a habitation certificate before renting, you ensure a safe living environment while making an informed decision that reflects your commitment to your family’s well-being. At the time of writing, a rental licence unfortunately does not mean a property has a habitation certificate.
