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The objective of this certificate of habitability is to verify that the building meets the basic requirements of design and quality in accordance with current regional regulations, such as acceptable living conditions, safety or health, and therefore is habitable. Our studio of architects in Alicante is specialized in the processing of certificates of habitability in the province of Alicante.

What are the benefits of legalizing my home?

The first occupation license is obtained, which allows extensions to be made legally, and the registration in the property registry in the event that it is registered.

Avoid being fined for illegal construction. In the case of expropriation, the house will be legalized with the actual surface area.

The files are suspended due to urban irregularities.

whatWhen can my home be legalized?

When you meet these requirements:

  • That the buildings are completely finished before August 20, 2014, the date of entry into force of the LOTUP.

  • That the buildings are in SNU.

  • That have a subdivision of rural characteristics, in accordance with the agrarian, forestry legislation or its definition in this guide.

  • That constitute consolidated housing nuclei (density equal to or greater than 3 dwellings/ha) or individualized dwellings (density less than 3 dwellings/ha).

  • That the following be included in the scope of the procedures established in the LOTUP: Special Plan for the Minimization of Territorial Impact (PEMIT) and Declaration of Individualized Situation (DSI).

Is it necessary to legalize homes prior to 1975?

Isolated buildings in SNU built prior to the entry into force of Law 19/1975, of May 2, reforming the Law on Land Regime and Urban Planning, and that do not have a municipal planning license for their location in This type of land, will be assimilated in its regime to licensed buildings provided that they were completed on said date, continue to currently maintain the use and typological characteristics that they had at the entry into force of the aforementioned law and are not in legal situation of urban ruin, in accordance with the regime established in the DF2ª LOTUP. However, homes prior to 1975, if they are located or close to the scope of the PEMIT, may be included or participate in order to provide them with some basic service and improve their environmental footprint. , at the request of the interested owner, given the cost opportunity. Therefore, if any house prior to 1975 benefits from the MIT works, it must pay the relevant part.

What is the procedure to legalize the house?

1.- Obtain the minimization of environmental impact (by Special Plan or by License).

A) If there is a density equal to or greater than 3 homes per hectare, it is considered a Housing Group.

TOthe effects of minimizing territorial impacts there is a grouping of dwellings on undeveloped land as long as there is a density equal to or greater than three dwellings per hectare, notwithstanding that they mayGroups of a lower density may be considered as such when appropriate due to proximity, infrastructure and territorial conditions.

In these cases, the legalization will be carried out through the processing of aSpecial Impact Minimization Planwhich will be approved by the Ministry responsible for land use planning and urban planning (must be approved by the corresponding Provincial Commission).

B) If there is no such density, or it is far from a housing nucleus, it is considered an Isolated Building.


The procedure to be followed, and the documentation to be prepared, will be the one listed below:


  •  The promoter (individual) requests the declaration of individualized situation of minimization of territorial impact (DSI) before the City Council. Documentary relationship to request the DSI:

Informative and supporting documents:

  •  Application form

  • Location plan and soil classification

  • Documentation that accredits, in accordance with the previous chapters:

  1.  The plot maintains its rural characteristics

  2.  Building finished before August 20, 2014

  3.  Does not form a housing nucleus (density < 3 dwellings/ha

  4.  Ownership of the home.


The City Council, as a substantive body, verifies compliance with the criteria that must be observed to start the process of individualized situation of minimization of the territorial impact. If it is fulfilled: A technical report will be issued containing the following: Content of the municipal Technical Report:

 Establish building conditions, and the scope of the following technical documents:

  •  If necessary, Landscape Integration Study (EIP)

  •  Analysis of environmental-territorial conditions and corrective measures

  •  Basic project

  •  List of potentially affected sectoral organizations.


If it is not complied with: A technical-legal report justifying the non-compliance with art. 210 LOTUP, or the existence of Sectorization, the instrument for minimizing territorial impact not being applicable. In this case, the promoter will be notified of the refusal of the declaration of individualized situation.

2.- Where appropriate, execution of impact minimization works and obtaining a first occupation license.

The interested party has a maximum period of 4 years to carry out the impact minimization works.

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