Utilization License

In addition, this legal document attests that a given property or fraction:

• It complies with all legal requirements (safety against fire risks, healthiness, habitability, for example), to be used, both for housing purposes and for other purposes, linked to any branch of activity.
• The legal and regulatory requirements or standards for the purpose for which they are intended (safety, health, technical standards);
• Compliance of the work built with the architectural project and special projects approved in terms of licensing by the competent authorities (namely the City Council);
• Suitability for intended uses.

In what situations is a User License required?

This document is mandatory in several situations, including:

• Acquisition of independent properties or fractions, namely in the execution of purchase and sale deeds;
• Contracting credits;
• Realization of leasing contracts;
• Installation of trade and service activities, among others.

Where to request a User License?

The use license is a document issued by the City Council of the area where the property is located. If you want to open an establishment, for example, or simply regularize the situation of your property, you must follow the steps below.

• Go to the licensing entity (the City Council) of the area in question;
• Check if the building or fraction has a use license compatible with the activity for which it is intended;
• If not, start a process to change the use license, it being advisable to hire specialized technicians in the area (architects for the development of the architectural project, and engineers for the execution of specialty projects).

Which properties do not require a License to Use?

There are situations in which it is possible to waive the presentation of a User License, namely:

• Buildings or fractions built before August 7, 1951 are exempt from this requirement. This was the date on which the General Regulation for Urban Buildings (RGEU) came into force. As defined by the regulation, this exemption is only valid if the building has not undergone expansion works or has been rebuilt. However, if it is a Lease Agreement, you should consult the New Urban Leasing Regime (RNAU), as there are specificities that may annul this exemption;

• In the case of spaces that are not habitable or usable for commerce, industry or services, namely for posting advertising or other limited purpose.

However, I warn that this is a technical matter that should be consulted by a solicitor or lawyer, or the services of the City Council, in case you have doubts about its use or exemption.