The Complete Guide to "Empadronamiento": Requirements and Key Tips

Very often we hear that the key document to start your residency in Spain is the empadronamiento (which we will refer to as "municipal registration"), and it is true, it is the first essential step for everything. Whether it is to apply for any type of arraigo, obtain your Foreigner Identity Card (TIE), enrol your children in school, or access public healthcare; without the municipal registration, you virtually do not exist. 

This blog entry is the definitive guide where we explain what it is, how to process it step by step, the list of documents you will be asked for, the issues you may encounter, among other aspects, so read it and take note! 

🤔 What Is It? 

"Empadronarse" is registering in the municipality where one regularly resides, which determines that the person is considered a resident of that locality. It is an obligation and also a right, which is why it is a completely free process.

As it is both an obligation and a right, it is very important that both Spanish nationals, as well as EU/EEA/Swiss citizens (European community foreigners), and non-EU foreigners, whether they have permission to reside in Spain or not, that is, whether they are in the national territory legally or illegally, register.

⭐ Tip: Most importantly, it is critical for people in an irregular situation (without papers) to carry out this process, as it can be the key document to apply for an arraigo later (a temporary residence permit for exceptional circumstances) that will allow you to live and work legally in Spain.

🏛️ Where Should You Go to Get It?

To register in your municipality, you must go to the local government and administration body, which in Spain, we know as the municipal town hall. You must always register in the municipality where you reside. In the case that you live between two or more addresses, you must register in the municipality where you live the majority of the year.

The process can be done in person or, in larger municipalities, electronically. In any case, the process can always be done in person. However, keep in mind that some town halls require an appointment to carry out the process in their offices and, in some cases, they may give you such an appointment several weeks ahead. 

🫆 Who Can Do the Procedure?

In general, the process must be done by the interested party themselves, that is, the person who wants to register, or their legal representative, in the case of a minor or a person under guardianship. 

Likewise, the interested party can delegate this process before the Town Hall to a voluntary representative, whether a private individual or a professional (such as a lawyer or manager), by granting voluntary representation. In this case, the Town Hall will request a signed authorisation from the interested party confirming that they allow the third person to carry out the process on their behalf.

📑 What Documents Are Requested?

We recommend, in any case, that you contact the town hall of your locality to confirm exactly what documents are requested. However, generally speaking, we can advance that the following are usually requested: 

• Housing occupancy title; in this case, you must prove that you have a title that endorses you to reside in that dwelling. In this case, the key documents for this are usually:

  • If you are the owner of the property: 

    • The copy of the deed of sale of the real estate, or the short note from the Land Registry. 

    • You will not need to present any of the previous documents if you have domiciled in your name (that is, it matches the name of the owner) the Real Estate Tax (IBI) receipt. In such a case, presenting the last domiciled receipt of that tax will be sufficient, and the administration can officially verify that you are indeed the owner of the property. 

  • If you are the tenant of the property, they will request: 

    • The copy of the rental contract, in which you are listed as the tenant. 

    • The copy of the last rent receipt or the copy of the last utility bill for water, electricity, gas, or wifi for the property in question. 

  • If you are neither the owner nor the tenant, you will be asked for: 

    • Authorisation from the owner or holder of the rental contract of the property that states that you are authorised to register at that real estate, as well as a copy of their identification document, passport or residence card. 

    • In addition, you must provide the documents mentioned previously, proving where necessary, that the person is the owner or tenant of the property.

• Identity document of the interested party:

  • If the interested party personally carries out the process, they must identify themselves, if done in person, they must show their national identity document if they are Spanish or from an EU/EEA/Swiss country, their passport and/or their residence card, or in the case of the United Kingdom, the residence document established by the EU withdrawal agreement. If the process is carried out electronically, that is, online, the interested party can identify through a digital identification system. 

  • In the case that a third party, whether a legal or voluntary representative, carries out the process on behalf of the interested party, they must also provide the identity documents of the interested party, as appropriate. 

• Legal representation documents, if applicable, in case minors or persons under guardianship need to be registered, the person who will carry out the process will be the legal representative. In this case, the following must be demonstrated: 

  • Spanish minors over 14 years of age: ID card or passport of the minor. 

  • Spanish minors under 14 years of age: Family book or birth certificate or, if they have one, ID card or passport. 

  • Foreign minors over 14 years of age: 

    • Preferably: residence card or passport or identity document from the country of origin (this last document only if they belong to the EU/EEA/Switzerland). In the case of United Kingdom citizens, it also accepts: the residence document established by the EU withdrawal agreement. 

    • Alternatively: if the previous documents do not contain the parents' data, the family book (if they have one in their country) or the birth registration of the foreign minor and the parents' passport will have to be presented. 

  • Foreign minors under 14 years of age: 

    • Preferably: family book (if they have one in their country) or birth registration where the minor's data and the parents' passport are shown, and 

    • Additionally: if they have one, residence card or passport, or identity document from the country of origin (this last document only if they are from an EU/EEA/Switzerland country) or, in the United Kingdom's case, the residence document established by the EU withdrawal agreement. 

  • Whether it concerns Spanish or foreign individuals under guardianship, the identity document of the person under guardianship (passport, residence card, identity document, if from an EU/EEA/Switzerland country or, in the United Kingdom's case, the residence card established by the EU withdrawal agreement) of both the person under guardianship and their legal representative, and the guardianship resolution will need to be demonstrated.

• Documents of voluntary representation (if applicable): the authorisation by which the interested party grants consent to the voluntary representative to carry out the procedure on their behalf. The voluntary representative must also show their identity document if carrying out the procedure in person.

If you must present foreign public documents (family books, birth certificates, guardianship resolution, among others), remember that they must be previously legalised and, where required, translated into Spanish, if they are in a language different from the official or co-official one of the region.  

ℹ️ If you want more information on the legalisation and translation of documents, you can access our blog entry titled “The legalisation and translation of documents”. 

🛑 What Obstacles or Difficulties Might I Encounter?

Sometimes, certain town halls may pose obstacles to registering in the registry/padrón when: 

• Minimum rental duration: Leases are signed for periods of three months or less (for example, in Barcelona), or for periods of six months or less (for example, in Madrid) are not generally accepted. In any case, check with your town hall if they require a minimum duration of your rental agreement. 

• Subletting rooms without permission: To register in a room, if the main lease requires the landlord's permission to sublet, the terms of the lease take precedence over the right to sublet. Even if you present authorisation from the leaseholder and receipts, the Town Hall may still request authorisation from the landlord.

• Too many people registered at a residence: When many people are registered at the property, exceeding the maximum number of inhabitants established by the habitation certificate.

• Appointment booking congestion: In some cities, it is difficult to find an appointment to register quickly; occasionally, they give you an appointment several weeks ahead.

• Among others. 

However, if you are reading this and believe you may be in a situation where you are prevented from registering, do not panic, and check with your town hall which documents and requirements they request, in your case.

❓ We Answer Your Questions

🏡 Do I necessarily have to register in housing with a habitation certificate? 

Not necessarily, a person can request to register in a flat, a house, a rented room, a business premises, a warehouse, or a plot of land. Studios that serve as homes and business premises, which do not have habitation certificates, can also serve as registration places, for example.

You can also register in any shared residence establishment, such as a student residence, elderly residence, children's centre, residential centres for homeless people, among others, formally registered as collective accommodations. In this case, we talk about registration in collective address. 

🏚️ What happens if I have no home? Can I register? 

Yes, of course, even if you do not have a home you can also register, since, as we mentioned at the beginning, it is both a right and an obligation. This option is provided for people who: 

• Live on the streets.

• Live in emergency temporary housing.

• Do not live continuously in the same residence.

• Live in a residence at risk of eviction. 

However, in some cases, to carry out registration without a home, some town halls require you to provide a report issued by the social services of the town hall itself or other organisations to certify said situation. In any case, the person will be registered at the address of a municipal centre or service, where their correspondence will arrive. 

⌛️ Does the registration expire?

Yes, it can expire, which is why it is important that you renew your registration according to your situation: 

• For Spanish citizens, the registration does not expire.

• In the case of EU/EEA/Swiss foreigners or non-EU foreigners with a long-term residence permit, they should confirm their registration every two to five years, depending on their Town Hall.

• In the case of non-EU foreigners (who are not citizens of the EU/EEA/Switzerland) who do not have a long-term residence permit, meaning a temporary residence permit or in an irregular situation, they must renew their registration every two years.

⚠️ In this last case, it is very important that you renew your registration promptly, as the registration certificate is the main document to validate that you have been residing in the national territory. If there is any gap in your registration history, any future procedure, such as an arraigo or long-term residency application, may become more complicated. However, if you did not register when you arrived in Spain or did not renew your registration, there are other documents that prove your continuous residence in Spain.

It is also important that you update your registration in the appropriate registry in case you move domicile, managing the change of domicile in your local city hall or registering in the municipality if it is different. Deregistration from the previous municipality will be done automatically if you register in a new municipality. Additionally, if you leave Spain permanently, you can also unsubscribe.

⏰ Is the process immediate? 

Normally, if the process is done in person, the registration will be immediate, and you will be given the registration certificate directly. If the process is done electronically, and the documentation is correct, it may take a bit longer for the registration to be effective. In any case, the maximum term to resolve registration applications is three months, according to art. 21.3 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations. 

🛟 What types of services derive from municipal registration? 

Services such as public healthcare, basic schooling for minors, and a wide variety of social services and aids are strictly derived from registration. This means that the health centre, the public school where minors can enrol, or any economic provision from the State or Autonomous Community, will be closely linked to the municipality where the interested party registers.

🛂 For what immigration procedures will they request the registration? 

As we have mentioned before, it is a document that is usually requested in several procedures. Enumeratively but not limited to, these are some of the most important authorisations or procedures for which they may ask you for the registration: 

• Application for residence authorisations for exceptional circumstances (arraigos). 

• EU Citizen Family Member Card. 

• Application for Spanish nationality by residence. 

• Application for the temporary residence permit for family reunification. 

In any case, it is especially important to have the registration for the issuance of the TIE, without that document, you cannot carry out the procedure.

Keep in mind that, on some occasions, always with prior notice, depending on the procedure, you can give consent to the Administration, in the process of resolving immigration or Spanish nationality applications by residence, to automatically review this documentation (“officially”, as it is legally called), and you then do not need to provide the document. However, this does not mean you do not need to carry out the process!

Once you are registered, you can also request the joint municipal registration certificate / "certificado de empadronamiento conjunto" (where all the people registered at the same property will appear) and the historical municipal registration certificate / "certificado de empadronamiento histórico" (where all the homes where you have been registered, as well as the registration and deregistration dates in each property of the municipality where you request it, will appear). These documents help prove cohabitation with someone else or how long you have been residing in Spain

⭐️ Traam can assist you in managing your immigration procedures, with guides and support from our legal team. Trust us with managing your procedure for an easier and quicker experience. With our experience, knowledge, and support, you can ensure there are no errors in your application.

🚋 Although we do not offer the municipal registration service in our official catalogue at the date of publication of this blog, as far as we can according to the infrastructures of the municipality where one must register, we can indeed assist you to register in your municipality. If you are interested, click on the "Contact" button that you will find below to the right and send us your request.