I see a lot of members are doing work on their properties here and some dont understand that they need a licesne for even the smallest of works and could face large fines or be made to pull it all down. Dont take the risk do it right.
Small works or odd jobs you just need to pay a very small fee around 30. euros depending on what you are doing.
Types of planning permissions in Spain
– Permits for major construction (obras mayores) for new construction and restoration projects
– Permits for minor construction (obras menores) for renovations and odd jobs.
Improving their property is something that many people do once they have bought in Spain. It might be anything from building a swimming pool or a building extension to retileing or a new kitchen. What many people are unaware of is that they must have licences for this work. Even very small jobs.
Sometimes the costs for these small works licences are just 30 euros.
Land law 9/2001 establishes a hierarchy of sanctions according to seriousness, from very serious to minor. If you have undertake any unauthorised or unlicensed work, you will have committed a serious infraction, liable to face fines from 30,000 euro to 600,000 euro.
If it’s a major work that you are engaged with then you need an architect’s project to accompany your application at the town hall. You should also make an application to the community of owners, if you belong to one, and have their agreement to go ahead.
If it is a major work and changes the description of your property as shown at the Land Registry, then this should also be recorded on the property’s Title Deed, Land Registry and at the Catastral Registry. For example, the addition of a swimming pool or a building extension serves to alter the size and value of your property which is also a consideration when you come to sell it or bequeath it.
You also will need to pay the taxes on this works even before you start any building works if its major works.
Tax implications of not getting a planning permission in Spain
There are implications for the tax man too. Your rateable value or valor catastral is dependent upon the size and nature of your property. If you have made adjustments to it, then your tax is affected as well. The failure of some home owners to register changes to their property at the Catastral Registry has led to town halls taking action claiming the tax due or placing large fines and making them take down the building works.
I could get away with it though?
I know a guy here that built a 2 foot wall at the end of his drive that took just 2 days and he did it with no permission. 2 weeks later his neighbour called the police and they contacted the authorities who came round and asked to see the license for the wall. As he had none they gave him 5 days to take it all down or they would do it and bill him for the works. He asked if he could get a license and they said that was now very unlikely as he had not followed the rules. All this and it would only of cost him around 30 euros if he had asked.
Oh and yes they will find you…
The authorities now have drones that they use to check on properties and i have even seen council officials out in rural areas on horseback with binoculars looking at properties and seeing of it matches what they have on their hand held pcs. On one trop to my local planning office i was there asking about a property i was interested in buying and the guy opened up his pc with a gps satellite program and zoomed in on the property in real time to see just what was there., he could see everything right down to the last brick. They are not stupid they know everything now and are checking.
The tax man amending his records is only one of the possible repercussions from the disclosure of illegal builds. The town council can now open files on property where it has been identified that the correct building licences are not in place and require property owners to legalise the situation. This can be a lot harder after the fact and you know that in Spain this can take months.
Davids top top.
Guys , Its really not complecated at all if you do it right.
A quick chat with a local architect will put you right.
i have done many building jobs here and am now in the middle of building a new 4 bed house so i know what its like here as regards to getting the right papers.
What ever you are thinking of doing do it right. Get the right papers and if its just a small job ask as most times the license fee is under 30. euros and once i asked for permission to build a small wall for a client and the cost was just 18 euros and that was real peace of mind as the client had issues with the neighbours so we have no worries about him complaining.
On my personal house build the building licence and taxes were 12k so thats a lot but its a new build.
If in doubt just ask, its really not worth the sleepless nights waiting for someone to come knocking and make you take it all down or undo what you have done. Dont attract problems you dont need. Every time i have asked at these council offices they have always been friendly and helpful.
This video shows something else you should do as well have a look below..