Article 1. Object
This Ordinance is intended to establish the requirements and the procedure for granting the licence of first occupation or use of buildings.

Article 2. Buildings For the effects of this Ordinance, buildings will be those of new construction or those that have been the object of a substantial modification or extension, when a project has been required for the authorisation of the works according to article 75 of the Regulation of works, activities and services of 13th June 1995.

Article 3. Purpose
The licence of first occupation or use has the following exclusive purpose:
a) To ensure that the constructed building and the urbanisation carried out at the same time, as the case may be, have been done according to the technical project and the urban licence granted.
b) To ensure that what has been built meets the technical conditions of public safety, health and appearance.
c) To confirm that the building may be given a certain use.
d) If there has been damage, to ensure that the constructor has repaired all affected urban equipment and elements.

Article 4. Licence application
Those interested in achieving a licence of first occupation or use of a building will make an application to the Mayor of Santa Susanna, in the month following the date on which the work is complete, which must contain at least the following details:

a) Name and surname of the person concerned or the person representing them, as the case may be, and the identification of the place indicated for the effect of notifications.
b) The identification of the building for which the licence is applied, which must be specified clearly.
c) The place, date and signature of the applicant or their representative.

2. Those concerned shall attach the following documents to the instance:

a) Approved photocopy of the requisite work licence of new plant, structure reform or extension.
b) Certificate of completion of work issued by the work manager, certifying, in addition to the finishing date, the fact that the work has been done according to the approved project or later modifications and the conditions imposed: that the building is in a fit state to be used.

c) Approved photocopy of the municipal licence of the connection of the municipal drain network, if there is one in the sector, or if not, a plan of the septic tank installed with the conformity of the Developer and Leading Architect of the Work.
d) Four photographs of the building and its surroundings and two of the adjacent roads.

3. When the first use is as dwellings, the licence application shall be accompanied by the document of the technical specifications of the building (DET), signed by a qualified technician, which must include at least the following points:

1.- The scale plans of the floors, the heights and the sections of the building, which must correspond to the execution project.
2.- The detailed diagram of the existing networks of installations and safety systems, both those corresponding to each dwelling and the comments.
3.- The description of the main materials and solutions used in the construction.
4.- The instructions of use and maintenance of the different parts of the building.

Article 5. The body qualified to award the licence
The competence to grant the licence lies with the Mayor, who may delegate an Assistant Mayor or the Governing Commission.

Article 6. Procedure
1. Once the procedure has been started on the instance of the person concerned, it will be officially developed in all its processes, asking the Instructor to inform on the Technical Services of the Town Hall and those they might deem necessary to basically resolve the convenience of the application.

2. Following inspection, the report of the municipal Technical Service will state whether the building adapts to the approved project and the conditions established for the licence; whether the urban elements and equipment that might have been affected by the building have been duly restored; whether they meet the conditions of public safety, health and appearance; and whether the building is suitable for the use to which it is to be put, to which the receiver must conclude whether or not it proceeds to award the licence of first use.

Article 7. Obligation of resolving
1. The Mayor is obliged to give an express resolution within the time of one month counting from the time the application is presented.
2. The acceptance of the reports and decision will serve as a motivation for the resolution, when they are included in the text.

Article 8. Presumed act
After the time has passed as indicated in article 7 and, if necessary, that for correcting faults, without the express resolution being given, the application for the licence of first use will be deemed accepted, following compliance with the duties required by applicable urban regulations and planning.

Article 9. Obligations of the owners of the building
1. The owners of the constructed building are forbidden occupation before achieving the licence for first occupation or use.
2. The total or partial line ups of the constructed building will irrevocably inform the purchasers of the lack of licence of first occupation, if this has not been achieved in time.

Article 10. Obligations of the electricity and water supply companies
1. With respect to their supply, the electricity companies will be subject to the legal regulations that must apply to provisional meters for works and the need for a previous certificate of habitability for dwellings.
2. The water supply for the works, having obtained the requisite urban licence, corresponds to the Town Hall as the owner of the public service, and is provisional and of unlimited duration during the time of the urban licence.
3. At the end of the time granted in the licence for completing the works, and, as the case may be, all extension that might proceed, the Mayor will cut off the supply, giving the parties concerned ten days' forewarning.
4. It is forbidden to use the water supply awarded for the works in any other activities and specifically for domestic use.
5. The Town Hall may not supply water for domestic use in buildings without a licence of first occupation.

Article 11. Infringements
The first occupation of a building without the requisite licence of first occupation or use is an urban infringement, according to article 262 of Legislative Decree 1/1990 of 12th July, approving the rewritten text of the legal texts in force in Catalonia concerning urban works, in relation to articles 247 of the same legal body and 90 of the Urban Discipline Regulation, approved by Royal Decree 3288/1978 of 25th August, declared enforced by Royal Decree 304/1993 of 26th February.

Article 12. Sanctions
1. The infringement referred to in the previous article will be sanctioned with a fine of 1 to 5 percent of the value of the work, to a maximum one hundred thousand pesetas, if the action were legalisable, according to article 90 of the Urban Discipline Regulation, in relation to article 270, a) of Legislative Decree 1/1990 of 12th July.
2. When the activity indicated in the previous article is not legalisable, it will be sanctioned with a fine of five to ten percent of the value of the building, floor, premises or dependency occupied, according to article 79 of the Urban Discipline Regulation, to a maximum one hundred thousand pesetas.
3. In no case may the Town Hall fail to adopt measures tending to restore the infringed urban order, and will order the immediate ceasing of the occupation activity as a cautionary measure.

Article 13. People responsible
In cases of the first occupation of buildings without a licence, the developer will be responsible as well as the person making the occupation, if different, and will bear the fine imposed independently.

Article 14. Qualified body The body qualified to resolve on the sanctioning procedure is the Mayor, according to article 51,b) of municipal and local Catalan Law 8/1987 of 15th April, without prejudice to the faculties to pass this on to an Alderman by means of a general regulation in the form of an edict.

Article 15. Sanctioning procedure
1. The sanctioning power will be carried out by the sanctioning procedure applicable to the areas of competence of the Government of Catalonia, approved by Royal Decree of 9th November.

2. If the licence is refused, the corresponding dossier of correction and legalisation must be agreed, if necessary, with respect to the works carried out and the sanctioning procedure according to urban legislation, whenever this might proceed.

Article 16. Legal System
In whatever is not provided hereby, the precepts of municipal and local Catalan Law 8/1987 of 15th April, Legislative Decree 1/1990 of 12th July and the Regulation of works, activities and services of local entities of 13th June 1995 will apply.

This Ordinance has been modified by agreement of the Town Hall in meeting on 23rd November 1995, the modification finally being approved on 29th January 1996.