After the family and friends leave your house after Christmas, you’ve probably eyed a few improvements you could make to give you more space. If modernisation of an old building involves making external alterations, such as building an extension or installing larger windows or new doorways, you need planning permission and a building licence (licencia de obra) from your local town hall. There are two types of building licence: one for major works (obra mayor) and another for minor works (obra menor), depending on the nature and size of the intended construction.
o Licencia de obras menor (minor works licence)
Raising of existing walls; relocation/addition of gates/fencing/railings; changes to windows/doors/security grills; painting of exterior walls; roof repairs; laying of concrete and terracing.
o Licencia de obras mayor (major works licence or technical project)
Installation of pool; building a house extension/garage or developing a cellar/underbuild. **Please note this application must be accompanied with plans drawn up by a qualified Spanish architect.
o Informe Tecnico or Projecto de Legalizacion (legalisation project)
This is when the work has been completed and, provided this would have been granted a licence originally, a qualified Spanish architect will need to draw up the necessary documents.
If purchasing a house with major restoration or building work in mind, you should try and ensure that a conditional clause is included in the contract stating that the purchase is dependent on obtaining planning and building permission (copies of the applications must be sent to the notario handling the sale). If you apply for a building permit and don’t receive an answer within three months, then it’s automatically approved if it’s within an urbanisation or a zone already approved for such construction (however, you must apply for a certificate stating that an answer hasn’t been given!). Never start any building work before you have official permission.
When erecting fences or walls, be careful not to take even one centimetre of your neighbour’s land, as property owners are fiercely protective of their boundaries and may make life difficult for you if you ‘overstep the mark’.
If you make major improvements to a property (perhaps to a ruin), you must make a ‘declaration of new work’ (declaración de obra nueva) when it’s completed, otherwise when you come to sell it, you could have a huge capital gains tax bill to pay, as you will be charged capital gains on it as if you had just bought it, even if the improvements were made ten years previously.
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