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V0056-26 13 January 2026 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · vivienda habitual

Housing must be habitual for over-65s to qualify for exemption

A couple over 65 asks how long they must live in their new home to consider it habitual and qualify for the exemption when selling. The DGT explains that the property must be continuously occupied for at least three years, except in justified exceptions.

The question raised

Question posed: The period that must elapse for this new dwelling to be considered a primary residence and for the exemption under 33.4.b) of the RIRPF to be applicable again upon its transfer.

The DGT's ruling

For a building to be considered a primary residence, it must constitute the residence for a continuous period of at least three years. Notwithstanding, it shall be understood to have such character if, without that period having elapsed, death occurs or circumstances arise that require a change of domicile, such as marriage or job relocation. For the exemption applicable to persons over 65 years of age, the dwelling must be the primary residence at the time of the transfer or must have been so during the two preceding years.

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What is published here, applied to a company or a specific case. The first meeting is free.

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