First occupation of non-conforming buildings: what documentation may be needed

What 'fuera de ordenación' means

A building is fuera de ordenación (legally non-conforming) when it does not conform to the current planning regulations, usually because it was built under earlier rules or without them. That status does not necessarily prevent using the property, but it conditions which procedures and which interventions are possible on it.

What first occupation means in this context

First occupation or use is the procedure by which it is accredited that a building meets the required conditions to be used. When the building is fuera de ordenación, the procedure can only be raised if the property's planning regime allows it, something that must be studied individually before preparing anything.

What technical documentation may be needed

Depending on the municipality and the case, the file may require:

• 01A technical report on the current state of the building and its background.
• 02Measurement and plans of the current state.
• 03A certificate of age, to prove since when the construction has existed.
• 04Habitability documentation, for dwellings and where applicable.

Who decides the procedure

First occupation is resolved by the competent town hall according to planning regulations. Well-prepared technical documentation is the condition for the file to be processed, but no technician can guarantee the granting: the decision is municipal.