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What do you need to know about building regulations in Spain?

Now that the months of good weather are approaching, it is normal for homes or properties located in coastal areas or areas with good weather to start up again, either because their owners decide that the time has come to move there, or perhaps they choose to rent out their property during the summer months.

Whatever the case may be, sometimes these homes may need some renovation or refurbishment after certain months of disuse or simply due to wear and tear over the years.

The same happens when we acquire a new property. Depending on the state in which we buy it, the price may logically vary, but also the investment we will have to make to leave it to our personal taste and in the best conditions.

In these cases, whether we are talking about internal reforms or those in which it is even necessary to make changes to the façade itself, it is important to know that Spanish legislation requires a series of licences and permits to be able to start the project.

Who must apply for the building permit?

As you would expect, most of these new projects will be carried out by a contracted architect or architectural firm. However, the owner of the property will always be responsible for applying for and obtaining the building permit in order to start the necessary work.

But what happens if, for whatever reason, I do not obtain the licence? Logically, it is not at all advisable to start any type of work without the corresponding licence, however small it may be. If the work is started without the licence or without having submitted all the necessary documentation, it is very likely that the work will be stopped, in addition to receiving a financial penalty, the amount of which can be high, in addition to the possible costs of stopping the work.

In this regard, we recommend that you always seek the advice of a team of specialised lawyers who can review and prepare all the information necessary to apply for this type of building permit.

What happens if I have acquired a property as an investment?

Sometimes it happens that the purchase of a property is seen exclusively as an investment. We acquire a property, refurbish it and put it up for sale with the aim of making a financial return on the operation.

In this case, whether this is the case or simply some time after the purchase, the owner decides to sell the property, the law requires that any modifications that have been made to the original property must be perfectly recorded in the so-called “title deeds”.

For this purpose, the following three documents must be included by the owner:

  • Town hall licence for the work
  • Certificate of completion of the project, which must be issued by an architect.
  • Certificate of the completed project

At MAM Solicitors we have over 30 years experience in all legal aspects of buying and selling property in Spain.

If you have any questions about the documentation or paperwork required, please do not hesitate to contact us with any queries you may have.

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