Why the ayuntamiento asks for a housing document
The document is needed only as proof that you really live at this address. The instructions say directly that it does not give local authorities the power to judge ownership and tenancy: "no atribuye a las Administraciones Locales ninguna competencia para juzgar cuestiones de propiedad, de arrendamientos urbanos o, en general, de naturaleza jurídico-privada" (para. 2.3). In English: "it gives the local administrations no power to judge questions of ownership, urban tenancy or, in general, matters of private law".
Proof can be the right of ownership, or a valid contract with the latest payment receipt. But the ayuntamiento may also accept other documents, for example electricity and water bills, after checks. It can also satisfy itself (a local police report, an inspection) and, if you really live there, enter you on the padrón (para. 2.3).
Someone else's flat where others are already registered
If other people are already registered at the address, no contract is required. Instead you need the written consent of an adult occupant registered at that address: "la autorización por escrito de una persona mayor de edad que figure empadronada en ese domicilio" (para. 3.1), that is, "the written permission of an adult registered at that home". The person giving permission must hold a document in their name showing the right to use the housing: ownership, a lease and so on.
If the ayuntamiento sees that the previous occupants have moved out, it registers the new ones in the usual way and starts, on its own initiative, to remove the previous ones from the padrón (para. 3.1).
If nobody is registered at the address, the general rule of para. 2.3 applies: a housing document or other evidence that the ayuntamiento may accept. A letter from the owner is not named separately in the instructions, but it can serve as such evidence at the administration's discretion.
Housing without papers
The condition of the housing does not matter. The instructions name as housing suitable for registration shacks, caravans and caves: "las infraviviendas ... pueden y deben figurar como domicilios válidos en el Padrón" (para. 3.3), that is, "such housing can and must be entered as a valid address". There is one test: it is reasonable to expect that a letter sent to this address will reach the person.
No address at all
If a person has no roof but lives permanently in the municipality and is known to the servicios sociales (social services), a "domicilio ficticio", a notional address, is possible (para. 3.3). Three conditions apply. The social services must be part of the public administration or under its supervision. They must confirm that the person lives permanently in the municipality. And they must give an address for the registration (their own, a shelter's or a place where the person sleeps), undertaking to try to deliver correspondence. They do not have to guarantee delivery. A reasonable likelihood is enough.
What is not allowed
The ayuntamiento may not refuse because of your status. An identity document is needed only to check your data, and the ayuntamiento does not check the lawfulness of your stay, as para. 2.1 says: "Al Ayuntamiento no le corresponde realizar ningún control sobre la legalidad o ilegalidad de la residencia en territorio español". In English: "The Ayuntamiento is neither obliged nor entitled to check the lawfulness of residence in Spain". Your passport must be valid, or you must attach an application to renew it.
The ayuntamiento must not get into a dispute between the owner and the occupant (para. 3.3): registration is independent of private disputes about the right to the housing.
You must not give an address where you do not live. The padrón must reflect reality, and if in doubt the ayuntamiento may check the data before making the entry (para. 1.10). As a general rule, such a check takes three months (para. 1.11).
The padrón does not replace status: under art. 18.2 of Ley 7/1985, a foreigner's registration does not prove lawful residence and gives no rights beyond those in the law.
Do not forget the renewal
Non-EU citizens without long-term residence must confirm their registration every two years. This is not a formality but a written step in which you confirm that you still live at the address (para. 6.5). If you do not confirm, the ayuntamiento will remove the registration after two years without first hearing you (para. 6.7). You do not need a new contract to renew, but if you file online and there are doubts, the administration may ask for confirmation of residence.
Frequently asked questions
Can they refuse me without a rental contract?
There is no single closed list of documents. A refusal solely because there is no contract does not fit the logic of the INE instructions, but practice is decided by the ayuntamiento.
Do I need the owner's consent?
For a flat where someone is already registered, you need the consent of an adult occupant on the padrón. A letter from the owner helps as other evidence.
Can I register without a residence permit?
Yes. Registration does not depend on status. You need a valid identity document.
How do I register if I live on the street?
Through the servicios sociales, who confirm your residence and give an address.
What does the padrón give me?
Proof of your place of residence. It does not confirm a right to housing or your status.
Need help with the padrón
If you need help with the paperwork: AUTO PACK 29€ or Full Pro 149€ (prices). You can ask a question on WhatsApp: +34743071481.