In Spain, before any building construction can begin a building permit must be obtained. This applies even if foundations are in place, or a portion of the building has already been erected by previous owners. You also need a building permit if you want to make any additions to a property. In this article, we set out a useful guide to building construction regulations in Spain.
Buying an urban plot to build on
Before buying an urban plot to build your holiday home on, it’s vital that you apply to the local Town Hall for a certificado urbanistico. This certificate is issued and signed by Spain’s Urban Planning Agency and it sets out the type of house that can be built on the land, what it can and cannot be used for, and how large the building can be.
Warning: Never purchase land without having the certificado urbanistico unless you want to run the risk of having to demolish the property you’ve built.
Building Permits
You are required to obtain a building permit before construction of any building can begin, regardless of whether the structure is to be used as a dwelling, or whether or not it has foundations. A building permit is necessary even for a prefabricated wooden house – so your dream home construction in Marbella has to have one too!
This same permit will apply for any work done to an existing building if it alters its usage, increases its size, changes its exterior appearance, or where some additional storeys, or levels, are built.
Minor and major permits
There are two types of permit – one for minor work like exterior walls, brick barbecues and terraces, and one for major work like the construction of a building, the demolition of a building, or alterations to a building.
You can a request minor permit, or a licencia de obra menor at the local Town Hall and for this you’ll need to include a short description of the work to be done and an estimate of the costs. For a major building permit, you will need:
A technical dossier, or proyecto, drawn up by an architect who is registered with the Spanish College of Architects.
A technical architect, or aparejador, who will be the official construction site manager.
A builder to complete the work
Your application form should be signed by all three of the above, and then submitted in person, or by registered letter, to the Town Hall. The process takes around two months from the date of receipt. After an inspection confirming that all the details are correct, a description of the work will be posted in the Town Hall. Approval may be assumed two months from the date of submission – the building permit is normally issued within this time. (Note: If the authorities fail to notify you within the two months, the permit is automatically granted.)
Who is deemed responsible for any damages or defects?
The building act in Spain considers the builders and architects of the building to bear some responsibility. Any other individuals and/or legal entities who assist in the construction process are liable to the owners in the event of damages or defects.
Structural damage
The responsibility of structural damage remains in place for a 10-year period, where the damage is caused due to defects or faults affecting the foundations, beams, supports, framework, load-bearing walls, or any other structural elements that may jeopardise the building’s stability and mechanical resistance.
Habitability failings
This responsibility remains in place for 3 years, and is for damages caused by faults or defects in construction that result in the building failing to meet habitability requirements.
Construction faults
The builder is solely liable for damages due to construction faults or defects that affect elements of the completed work. This responsibility lasts for a period of one year from the date of completion of the building work.
Each person is individually liable for their own acts or omissions. Where liability for the damages cannot be assigned to an individual or a group, all those deemed to be involved are held jointly responsible.
What are the builder’s and his subcontractors’ liabilities?
The builder is directly liable for any damage or defects caused by a lack of skills, negligence, professionalism or technical qualifications. Where a builder subcontracts certain tasks or services, the subcontractors will be directly liable for any defects, damages and faults in the execution of their work.
Property damage or surety policies
It’s comforting to know that in Spain property damage policies, or surety policies, are required, by law, as guarantees. These provide compensation in the event of building damages or defects.
