Minimum habitability conditions
for pre-existing dwellings built before August 11, 1984
Section 1
Composition
All used or pre-existing dwellings must be composed, at a minimum, of a living room, a sanitary room, and a kitchenette.
Section 2
Access
2.1 Access to the dwelling must be through a public space, a common area, or an annex space to the dwelling that can be accessed in the same way.
2.2 The access to the dwelling is the door that connects the dwelling to the outside. This access cannot serve as mandatory access to any other premises that are not exclusively for the same dwelling or communal use.
2.3 The access spaces of the building containing the dwelling must have an electrical lighting system so that they can be illuminated when traversed.
Decree 141/2012, on minimum habitability conditions
Section 3
Construction
The construction that constitutes or affects the dwelling must:
a) Be solid.
b) Prevent moisture from seeping through.
c) Be waterproof to rainwater.
d) Prevent flooding of the dwelling.
e) Have a walkable floor, both in the dwelling and in its access. The floor must be completely paved, non-dusty, and not pose a danger to people. Where there is a height difference greater than 0.60 m, protective elements or impact-resistant railings must be provided.
Section 4
Interior usable area
4.1 The minimum usable area for used or pre-existing dwellings at the time of the entry into force of this Decree is 20 m².
The interior usable area is the space enclosed within the perimeter defined by the inner face of the enclosures of each inhabitable space. The calculation of usable area excludes the surface occupied by interior enclosures of the dwelling, whether fixed or movable, by structural elements, and by ducts or conduits with a horizontal cross-section greater than 0.01 m², as well as the surfaces of areas with a clear height less than 1.90 m and the surfaces of terraces and other exterior elements.
4.2 Exceptionally, dwellings with a minimum usable area between 15 m² and 20 m² that were built with a construction permit requested before February 1, 1984, and have a valid certificate of habitability obtained before the entry into force of this Decree are allowed.
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Section 5
Rooms
5.1 The living room is a common space that must have a usable area of not less than 10 m², without any restriction in the floor plan below 1.40 m, except in the passage between the living room and the kitchenette, where a square measuring 2.40 × 2.40 m is allowed, and it must not contain any sanitary fixtures.
The living room must have an opening in the facade to the public space, inner courtyard, or plot courtyard, either directly or through a gallery, so that, between 0.80 m and 2.00 m in height, it has at least an area of 0.80 m², and under no circumstances shall the obligatory ventilation of any other room be done through the living room. If the opening is towards the plot courtyard, it must have a floor area of not less than 4 m² and allow for a circle with a diameter of 1.80 m to be inscribed.
If the living-dining room integrates the kitchenette (EMC) space, the minimum usable area shall be 14 m². The open vertical area connecting these two spaces must not be less than 1.40 m².
5.2 The bedrooms must have a usable area of not less than 5 m² and allow for a square with a floor area of 1.80 × 1.80 m to be inscribed. They must be able to be separated and must not contain any toilet, laundry area, or waste disposal area, nor the obligatory kitchen or laundry equipment.
The bedrooms must have an opening in the facade to the public space, inner courtyard, or plot courtyard, either directly or through a gallery, so that, between 0.80 m and 2.00 m in height, they have at least an area of 0.40 m².
5.3 The gallery is the part that has a window directly facing the open air with a glazed area not less than 60% of its facade surface. The lighting and ventilation area must not be less than the sum of the lighting and ventilation areas of the rooms that open to the outside.
Decree 141/2012, on minimum habitability conditions
5.4 An opening is a functional door or window. The surface area of an opening is the area of its open passage or its translucent surface.
Section 6
Equipment
The minimum equipment required for a dwelling to be habitable must meet the following requirements:
6.1 Have a cold and hot water installation that:
a) Is in good condition.
b) Serves at least the kitchen sink, a washbasin, and a shower or bathtub.
c) If the water supply is self-sourced, it must have a reserve tank of 200 liters.
d) Allows for a continuous consumption of 50 liters of water at a temperature of 40 degrees with a flow rate of 10 liters per minute.
6.2 Have a wastewater evacuation system that:
a) Is in good condition.
b) Connects to all the necessary equipment.
c) All drains have a siphon device.
d) If there is a public sewer network in its vicinity, it must connect to it; if not, the wastewater must be treated before being discharged outside.
6.3 If the dwelling is located in an urban area or has the possibility of being connected to an external electricity supply network under economic conditions similar to those of a dwelling located in the urban area, it must have an internal electrical installation so that:
a) Each room has a light point with an independent switch.
b) Each mandatory appliance has an electrical outlet.
c) The living room and kitchen have two outlets, and the bedrooms have one. If the living room includes the kitchenette, it must have at least four outlets.
d) It does not pose a risk to people or disrupt the normal operation of other installations.
e) It has at least one power control switch (ICP).
6.4 Have sanitary equipment, understood as the sanitary fixtures that, with the corresponding water supply and drainage, are intended for hygiene and bodily waste disposal, so that:
a) It consists of at least a washbasin, a toilet, and a shower or bathtub in good condition.
b) The toilet must be enclosed in a separate sanitary room.
c) The shower or bathtub must have a waterproof floor and walls up to a height of 2.10 m.
d) The sanitary room has direct ventilation to the open air or through a duct where mechanical ventilation is activated. If the duct is vertical, static ventilation can be used.
6.5 Have a kitchenette equipment so that:
a) It consists of at least a sink and an electric or gas cooking appliance.
b) It is located in the same room.
c) The room where it is located does not contain any sanitary fixtures.
d) The room where it is located has direct ventilation to the open air or through a duct where mechanical ventilation is activated. If the duct is vertical, static ventilation can be used.
Habitation Certificate in Spain "Cédula de Habitabilidad"