In some housing projects, a fairly common situation occurs: the construction is finished, but the property still cannot be used. In many cases, this is not due to a construction problem, but because an administrative procedure related to the responsible declaration of first occupancy has not been completed.
This type of situation is more common than it seems, especially when it is not clear what role the responsible declaration plays within the urban planning process.
Responsible declaration: what it is
The responsible declaration is a document through which a person or company states that they comply with the legal requirements to carry out an urban planning action or to use a dwelling. With it, an activity or occupancy can begin without always waiting for prior authorisation, although this does not mean that there is no control by the administration.
In practice, what is done is to communicate that everything is in order: that the project complies with regulations, that the construction has been carried out correctly, or that the dwelling meets the necessary conditions to be inhabited. From that point on, the town council can review that information and check it at any time.
It is used at different stages of the construction process, both at the beginning of some works and at the end, when a completed building is to be occupied.
Responsible declaration as a construction licence and first occupancy
The responsible declaration plays a different role depending on the stage of the project. It does not always replace a traditional licence, but in some cases it does help speed up procedures.
Construction licences
In certain actions, especially minor works or interventions that do not affect the structure of the building, construction can begin through a responsible declaration. In this case, the developer submits the necessary technical documentation and declares that it complies with urban planning regulations.
This allows work to start without waiting for a formal decision, although the town council still has the ability to review the file. If something is not correct, it may require modifications or even stop the work.
In larger or more complex projects, the traditional urban planning licence is still required, which involves a more detailed prior review before construction begins.
First occupancy
When the work is completed, the responsible declaration of first occupancy is what allows the dwelling to be used. It is the step that certifies that the building has been finished and is suitable for habitation.
It is usually accompanied by technical documentation, such as the final construction certificate and other reports confirming that everything has been executed according to the project. Once submitted, in many cases the dwelling can already be occupied, although the administration may later verify that everything is correct.
This procedure is important because it connects the completion of the construction with the actual use of the property. Without it, a dwelling may be physically finished but not legally available to live in.
Buy a home and keep all responsible declarations up to date
When buying a new home, it is important that all these procedures are properly managed. Urban planning documentation is not always visible, but it directly affects delivery times and the ability to occupy the property without issues.
At Myramar, as a construction company and real estate developer in Málaga, we work to ensure that each development has the necessary documentation up to date at every stage of the process. We make sure that urban planning information is correctly submitted and coordinated with the construction work.
In this way, we help ensure that homes can be delivered and occupied normally once completed, avoiding delays caused by administrative procedures and ensuring a clearer process for the buyer.