Specialist certificate services for commercial premises in the Balearic Islands

When does a commercial premises need a habitation certificate in the Balearic Islands?

A habitation certificate applies to residential use. A commercial premises needs one in the following situations:

1. Change of use from commercial to residential: A shop, office or warehouse converted to a residential dwelling needs a first occupation certificate certifying the new residential use.
2. Residential units within commercial buildings: Upper-floor apartments in mixed-use buildings need their own habitation certificate, separate from any commercial licences for the ground floor.
3. Historic residential use without documentation: In older urban areas, spaces that have historically been occupied as dwellings without certificates need to regularise their situation.
4. Tourist rental of converted spaces: If a commercial space has been converted to residential and will be rented to tourists (ETV), a valid habitation certificate is required for the ETV licence.

The change-of-use process: from commercial to residential

Converting a commercial space to residential use involves two stages:

1. Planning permission from the local council: The change of use must be authorised by the local council (ayuntamiento) before or during the works. This is a separate process from the habitation certificate.
2. First occupation certificate from the Consell Insular: Once the works are complete and the completion certificate has been signed by the project architect, the first occupation certificate can be applied for from the Consell Insular de Mallorca.

We handle the habitation certificate process (step 2). The planning permission (step 1) is the responsibility of the property owner and their architect, but we can advise on how the two processes interact.

Technical requirements: what must a converted premises meet?

Once converted to residential use, the premises must meet the same minimum habitability requirements as any other residential property under Decree 145/1997:

• Minimum floor area (20 m² for one occupant)
• Ceiling height of at least 2.50 m in habitable areas
• Natural light and ventilation in all habitable rooms
• Running water, electricity and wastewater drainage

Old commercial spaces — particularly ground-floor retail units in Spanish towns — sometimes have ceiling heights above the minimum but lack natural light in all rooms. We identify any shortfalls during the inspection and advise on solutions.

Habitation certificate vs. business activity licence: key differences