Building Licences for Extensions & Home Alterations.

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Posted and filed under Miscellaneous, Official Documents in Spain, Property in Spain.

Before you alter your property in any way at all you should first check if anything is written on the subject in your Title Deeds (Escritura).

Depending on the alterations or improvements you intend to make, you may have to discuss your plans with your Community of Owners and obtain their permission as 100% of the owners need to agree if permission from the Community is required (for instance, they do not need to approve underground work). Then you may need official permission. These permissions must be obtained before any work is started. Do check that official permits are necessary for what you intend to do. In some areas heavy fines are issued for non-licensed work.

There are two types of building licences:
– a Licencia de Obra Menor (Minor Works Licence) is required for most home improvement projects, including those of a DIY nature, on the existing premises (improvements which do not result in an increase of space or rooms).
– a Licencia de Obra Mayor (Major Works Licence) is required for any project which extends or changes the useful volume of the property or its surface area (extensions and additions of any kind, including putting a bathroom into an existing space).

Any alterations have to be documented – you apply for the relevant licence form (solicitud) at the Planning office (Urbanismo) of the Town Hall. If you do not do this you will find yourself in a difficult situation when you come to sell your property, the new details of which will not match with those written on your Title Deeds.

What is the procedure when the building work is finished?

Once the extension has been completed the new description of the property must be declared before the Notary Public and then inscribed at the Land Registry. This procedure has to be done any time before the sale or mortgaging of the property even on the date,or just before, completion.

How can the extension be declared at the Notary and then registered?

Various documents must be presented to the Notary to enable him or her to check the legality of the build and if it’s description actually coincides with the reality of what has been built. One of the key documents controlling this is the architect’s certificate, known as the Final Building Certificate, and this must be signed by the architect, the signature being witnessed and authenticated by the Notary.
In signing the certificate beforehand or appearing personally at the signing of the New Build Deed the architect declares that the building work has been completed according to the original plans which secured the licence from the Town Hall.

When the building or reform is already built and the owner wants to legalise it, this can be done, it is the same process as a permission, but is called legalisation. It requires an architect project and town hall tax paid.

When the building has more than 4 years with a “certificado de antigüedad” by an architect you can go to the Notary and make the “Obra Nueva” title deeds without the legalisation project, with lower costs.  The law changed on the 19th August 2014, and if the reform is after this date 15 years is needed to be able to certify the building by antiquity.  If done  before the 19th August 2014  it is possible with only 4 years of antiquity.

Please make an appointment to come and see us if you have any plans to make alterations to your property and we will help you throughout the process.

37 Comments

  • Kim Holtham

    I would like to build an extension to my house in Lo Pagan Murcia

    • Ian C.

      Hello Mr Holthman,

      thank you for contacting us. It is good you checked with us before starting the building. Of course we will need more details in order to advise you on the right way to do it, with the town hall permission, architect project, etc. However, the 1st step would be checking with your town hall if there are available square meters for a new construction in your plot. We can check that for you. Please it could be good if you can email us (at fiscal@spanishsolutions.net) your cadastral reference (it should come in your council tax receipt) and also the kind of extension you would like to develop, we will be pleased to help you and advise you the best. Thank you very much

  • Amanda Thomas

    Dear Roy, I am aware that we are in touch with you by email for this. Kind regards

  • David Guest

    Dear Sir,I have bought a property with a large covered area and the estate agent has told me that is legal to wall this in and use it as living space, is this true?

    • Jane

      Hi David

      You would require to submit an application to the Town Hall to apply for a licence to see if this is possible.

      Kind Regards

      Jane

  • Rand Zalzala

    Would like to add a balcony in my home from my second floor / bedroom window
    Need to get a free estimate. I live in an urbanization in Orihuela Costa

    • Jane

      Hi Rand

      You should get an estimate from a builder, and ask them to include any price for the building licence required. You may also need permission from your urbanisation.

      Kind Regards

      Jane

  • Liam McGowan

    my daughter has a small villa in Quesada which has an underbuild, it is just like a basement with a separate access, she wants to clean out the soil and convert it into a room. does she need planning permission to do this
    Thank You

    • Nicola Ryan

      Good Morning Liam,

      Thank you for your enquiry.

      Quesada is not far from our office in La Zenia, we can help you with this for sure. We will contact you directly to discuss this further, with a copy of the SUMA (council tax bill), the Architect can confirm if this is possible or not. We will be in contact shortly.

      Kind regards
      Nicola

  • Susan Edwards

    Good morning
    I bought an apartment in 2009 and it had an extension that was not declared on the deeds but at the time my solicitor Advised me not to change the date and that it would all be fine. As a woman on her own buying a property in Spain I really did not understand the rules and regulations. I did have a survey carried out in 2009 before I bought it which has proof of the extension being built before 2009. My apartment is in Estepona and I would like to know how to go about legalising it in preparation for sale I am not in a hurry to sell it and I can wait a few years. Please could you advise me. Many thanks Susan

    • Nicola Ryan

      Good Morning Susan,

      Thank you for your enquiry.

      We would recommend appointing a local Architect who will do an antiquity report to confirm the age of the building, they will also be able to legalise and register the extension with your local town hall. The Architect will be very familiar with this process. We hope this helps, and you get this matter sorted.

      Kind regards
      Nicola

  • Susan Morgans

    Hi I wonder if you can help me. We have made alterations to our house (converted the garage into a bedroom and built a second floor bedroom). We have obtained the building license etc and now the architect is saying be need a prueba de estanqueidad before he will issue the final certificate so that we can legalise the house. Is this normal? I have asked others who have had building work and they say it is not. I would really appreciate your advice. Thank you Susan

    • Nicola Ryan

      Afternoon Susan,

      Thank you for your enquiry.

      A “prueba de estanqueidad” is to ensure there are no leaks in any system involving fluids. If you have built a room with no bathroom, a “prueba de estanqueidad” should not be needed. We hope this helps.

      Kind regards
      Nicola

  • Vanessa

    We purchased our house near Quesada in September 2015. We have just discovered that our underbuild is not included on the deeds and is not mentioned in the Architect report. This underbuild was there when we purchased. It is not habitable but is under about 2/3 of the house and has separate access. It does not increase the footprint of the house. The ceiling is high enough to walk into but it has no windows. Is this a problem? Should it be included on our deeds and should it have been included in the Architect report?

    • Nicola Ryan

      Good Morning Vanessa,

      Thank you for your enquiry.

      The basement should have been detailed on the title deeds as a storage room. If not, your Solicitor dealing at the time of the purchase should have advised you of this.

      We can only assume that the basement has been an alteration to the property, and the relevant licences were not obtained by the owner at the time. Should you need any assistance with checking this and obtaining the licence, please do not hesitate to contact us.

      Kind regards
      Nicola

  • Simon Donald Porter

    Hi,
    I have purchased a single story 2 bed property in Sucina in the region of Murcia. The Upper floor has a large Solarium which is almost as large as the foot print of the ground floor. I note a proportion of villas on the same building plot: PARCELA CATASTRAL 1558901XG8915N have a third bedroom with ensuite bathroom. From inspection of the catastral maps its clear that the 2bed and 3 bed properties share the same footprint . The properties were built in 2005/2006 so are at least 16 years old. I would like to add a similar 3rd bedroom on the property similar to other
    properties. Clearly /i would require a Li­cen­cia de Obra Mayor, I don’t believe there is a community of Owners when I purchased the property my lawyer advised me that one had not been formed. I understand that in order to secure the Obra Mayor I will require an architects plans with a cost estimation of the alteration works. Please can you advise if I have got the basics correct and if I have overlooked any thing?

    • Nicola Ryan

      Afternoon Simon,

      Thank you for your enquiry.

      You are correct, you would need the Obra Mayor Licence. We are unsure if the Community authorisation would be a requirement, as it may be different in Sucina. It would be best to check this with the Land Registry if you wish to register the extension at a later date.

      If the authorisation is required and there is no community of owners set up, you may still need the authorisation from your neighbours if you are part of a community, we hope this helps.

      Kind regards
      Nicola

  • Terence

    Hola I want to extend the existing front conservatory on my home by about a metre. If I get a planning licence from the town hall, can my neighbours stop the build if they object to it? The property is a house in a community urbanisation in Playa Flamenca. Thank you

    • Nicola Ryan

      Thank you for your enquiry, Terence,

      If you have the permission from the town hall and the change is on your private property, your neighbours can not make a claim against the changes. We hope this helps.

      Kind regards
      Nicola

  • Noel

    HI, I have a property in Quesada which has a lot of space suitable for an underbuild. What percentage of the overall floor space of my house am I allowed to develop? The underbuild footprint is larger the the footprint of the house as there is also a courtyard. Thanks

    • Nicola Ryan

      Thank you for your enquiry Noel,

      Any changes would need to be checked and confirmed at the town hall and to do this we would need a copy of a council tax/SUMA bill. Normally the under build can not be changed into a habitable area unless it has windows. The size can also not exceed the size of the property even the courtyard is bigger. We will contact you directly to discuss this matter further.

      Kind regards
      Nicola

  • Kirsty

    Hi, I am buying a house with a storage underbuild on the deeds. However this has actually been made into a bathroom and bedroom with a small window.
    Can this be changed on the deeds to a habitable space? Or would I have to just sell it as 3 bed with storage underbuild when the time comes in future?
    Thanks

    • Nicola Ryan

      Thank you for your enquiry Kirsty,

      Can we ask where the property is please.

      The solicitor, who is dealing with the completion, should investigate this for you. They will be able to confirm if the property has or can obtain the relevant certificates needed, to legalise the under build. When the under build is legalised you can then change the information stated on the deeds and at the land registry. If this is not possible it would need to be sold as a 3 bedroom with storage. We hope this helps.

      Should you need any assistance with this or the conveyancing, please do not hesitate to contact us.

      Kind regards
      Nicola

  • DuDuv

    Hello, I am buying a small flat in Barcelona that has a big garden. The plot has a total size of 100m2 (document from Catastrales), the flat has only about 40 m2 and garden ~50m2. If I want to extend the flat space to 50m2 to have a bigger bathroom and living room. Do I need to go through the process of major changes?
    This flat is the unique construction in the plot, no any upper floords or anything.
    When buying this very old flat (the person living there already 50 years, so everything is super old) what kind of certificates do I need to request from the agency/owner to provider before I can transfer the 10% to the owner, and to the bank for mortgage? (like certi of electricty, water, architect plan etc)
    Do you have office in Barcelona? Many thanks in advance for your helps
    Best regards
    Duduv

    • Nicola Ryan

      Thank you for your enquiry DuDuv,

      We do not have any offices in Barcelona, we are sorry. We can deal with many things from a far.

      You really need an architect to look at the house before you pay any deposits or sign any contracts. The Architect will be able confirm if the alterations are possible, and what certificates ect would be required.

      Should you need any assistance with the conveyancing, we can help for sure.
      Kind regards
      Nicola

  • Lee

    I have recently put down a deposit on an apartment in Murcia region . It was advertised as a three bedroom but once I received the Note simple it shows as two bedroom . The third bedroom is an addition on the patio. I have requested that the bedroom is legalised prior to completion. Is this a reasonable request? The estate agent has said that we can apply for the major works permit ourselves as we are planning to add a bathroom. I am not comfortable with this.

    • Nicola Ryan

      Morning Lee,

      Thank you for your enquiry.

      Can we ask if you have a solicitor to help you with the purchase.

      To ask that the bedroom is legalised before completion is not an unreasonable request, we have dealt with many completions with similar issues and always press for the seller to authorise the extension, if possible. The problem is; not all extensions can be registered for one reason or another. We can help you with this and the conveyancing should you wish, we would need some further information (when the property was built) and documents to proceed.

      Kind regards
      Nicola

  • Marc Bresley

    Hello,
    We bought an atico appartement in Torrevieja 17 years ago and, like numerous neighbors, we had a bathroom and bedroom built on the terrace over 7 years ago, we now wish to legalize the situation.
    Many thanks for your reply,
    Marc

    • Nicola Ryan

      Thank you for your enquiry Marc,

      We will contact you directly to discuss this matter further.

      Kind regards
      Nicola

  • Graham Cooke

    We own a detached house in La Florida (Orihuela Costa) Our neighbour is currently building a large single storey extension very close (less than 1 metre) to the boundary wall (legal?) which will include a roof terrace directly overlooking our garden/pool. While I don’t have any issue with the extension itself we have only just discovered his intention to include the roof terrace. I would normally go to the town hall and take it from there. However I am not in Spain at the moment and won’t be able to return for some weeks. For me this will be a gross invasion of my privacy and would appreciate any help/tips. as to how I can proceed.

    • Nicola Ryan

      Thank you for your enquiry Graham,

      If you are part of a community of owners, and the authorisation for the extension was given at the AGM, you do have 2-3 months to dispute the extension on these grounds. The other option would be to speak to your neighbour to discuss your concerns. We hope this helps.

      Kind regards
      Nicola

  • Steve

    Hi is it possible to make a change of use from a legal registered rural barn. The barn was converted 15 years ago to a house but the paperwork was never changed .if you could explain the process
    Kind regards
    Steve

    • Nicola Ryan

      Thank you for your enquiry Steve,

      You would need an architect to confirm if the conversion of the barn can be made legal or not. If so, the architect would help you with the relevant reports required ect. We will contact you directly to confirm your location and if we can help you with this.

      Kind regards
      Nicola

  • Sophia

    Hi Nicola,

    I have an apartment in Valencia and I am wondering if it’s possible to add a large window to the back of the building (not the front facade) – is this possible? Would permission be required, and if yes, do you think it’s likely to be approved?

    Thank you!
    Sophia

    • Nicola Ryan

      Thank you for your enquiry Sophia,

      It would be best to contact a local architect who will be able to check this and confirm. We are based in the Alicante region and would be too far for our architect to travel, we are sorry.

      Nicola

  • Adrian Carus

    I bought a ground floor two bedroom apartment in Estepona
    It is on a complex / community.There is a basement which the previous owner connected to the lounge via a staircase to the loung area.The area was converted into two bedrooms There is plumbing ,showers , toilets and bidet in both rooms. I doubt if any permission was sought for the conversion. It is all very tasteful and luxurious. Do I need to apply for retrospective permission of any kind ? This is now our family home and we jave residency .Many thanks. Adrian

    • Nicola Ryan

      Thank you for your enquiry Adrian,

      We would recommend that you contact the solicitor or legal representative who helped with the property purchase. As part of their service, they should have checked that any alterations to the property were legal and had the relevant authorisations from the town hall. If the build was not legal, you should have been advised of this and the potential problems before you bought the property. The process to legalise alterations can be costly and sometimes not possible. Your solicitor has to make you aware of the consequences of buying such properties. We hope this helps.

      Nicola

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