What permit do I need for renovating a house in Spain? 🏚🚧

When the time comes to carry out works in your house you will ask yourself, do I need any authorization or permit for renovating a house? Who do I have to ask for it? To the community of owners or to the City Council?  

Depending on the renovation you want to carry out in your house, you will need professionals from different trades to carry out the work. It is not the same to carry out an integral renovation of your house than an aesthetic renovation. From Luxton, we summarize the process to start the renovation!

First of all, what you have to do to find out if you need a license or permit for renovating a house is to get information from the Town Hall. These permits for renovating a house in Spain are of municipal competence. Keep in mind that, in general, any act of refurbishment will require authorization from the administration. The type of permit you’ll need to request for renovating a house will vary depending on the refurbishment you are considering.

👉 Types of authorizations or permits you need to request for renovating a house in Spain 

In general, urban planning actions for a renovation are subject to one of the following permits:

– Building permit: 

This permit verifies that the building project submitted complies with the applicable urban planning regulations. You have to obtain it prior to the start of construction works. Within this license we can distinguish between:

1. Major works license: The major works license is one that involves or affects structural elements of the property. For example, to open a hole in a load-bearing wall or to carry out a complete renovation of the house implies requesting this license.
2. Minor building permit: The minor building permit is one that does not affect structural elements of the property.

– Responsible declaration or prior communication: 

This is a document signed by the interested party. It declares, under his/her responsibility, that he/she complies with the requirements established in the regulations and undertakes to maintain its compliance during the determined period of the works.

Usually, the responsible declaration is presented for the execution of works that do not require a technical building project.

⏭ Procedure to obtain the authorization 

– What are the deadlines for the processing of permits for renovating a house in Spain? 📅

Generally the term of resolution of the Administration for building permits is usually three months from the time it is submitted.

For the responsible declarations or previous communication, you have to know that they become effective from the day in which the same one has been submitted to the Registry of the City council.  

Therefore, the responsible declaration generates effects from its presentation; thus speeding up the procedures and replacing the license.

– Where do you have to submit the application?

• The application or permit for renovating your house in Spain must be presented at the City council. It is most likely that you’ll need to obtain an appointment. 
• It is also possible to make the presentation by internet, through the electronic portal of the administration.
• Through collaborating urbanistic entities. These entities check the documentation that you provide and if everything is correct, they will process it on your behalf.

– What documentation do I have to submit to apply for a license? 📑

In general, this is the minimum information or documentation that you’ll have submit to the Town Hall to request your permit when renovating a house is the following:

• Application form (each Town Hall usually has its own standardized form).
• Information of the person in charge of the works and cadastral reference of the house.
• Technical project with a description of the building works that will be carried out.
• Budget of the renovation.
• Order sheets of the facultative directions of the works.
• Letter of payment of the corresponding tax.
• Plan or sketch of the property.

– Once I am granted permission for renovating my house, can I start the building work?

Yes, once you are granted the license or you present the responsible declaration you can start renovating your house.

Keep in mind however that such works must be adjusted to the content of the license or declaration, so you can not do more works than those allowed in the license or declared in the responsible statement. In addition, the license or permission for renovating a house can limit or put determined terms to execute the aforementioned works. They are able, for example, to indicate a date limit for the completion of the works.

To execute the works you have to adapt to the schedules of the administration. You cannot do any building work at any time or any day. The community of owners may also have its own time limitations, so it is advisable that you inform yourself before starting them to avoid problems with the neighbors.

– Permission to renovate a house to the Community of neighbors.

Do I have to ask permission to renovate a house for the community of neighbors if I already have a license?

It depends. For some works, you will need to ask when renovating your house and for others, not. 

Let’s see the different scenarios:

The owner of a house can do works without needing permission from the community when:

• It does not undermine or alter the security of the building. 
• Does not alter its structure
• It does not modify its configuration or exterior state
• It does not harm the rights of another owner

That is to say, if your work is not within the previous parameters you will not need permission from the community of neighbors. In any case, you do have to communicate it to the one who represents the community.

If the work that you plan to do, alters or undermines any of the points indicated above,it will be necessary that you ask for permission for renovating a house. (For example, installing an enclosure in the balcony.)

– What happens if you carry out building works without the corresponding permits or licenses?

You could have an inspection by the City Council. The inspection activity does not imply a decision on the legality of the work, they only put the facts in the knowledge of the competent body and this one determines whether or not to open a sanctioning file. 

In the event that the City Council determines that an infringement has occurred, you could face the following coercive measures:

1.- Restoration of the legal order and of the altered physical reality.

2.- Imposition of sanctions

Infringements are classified as follows:

Minor infractions: fine from 600 to 30. 000 euros .

Serious infringements: fine of 30. 001 to 600. 000 euros.

Very serious infringements: fine of 600. 001 to 3.000.000 euros.

3.- Compensation of the damages and indemnification of the damages caused.

📌 Therefore, before renovating a house, inform yourself in your City council and make sure that you can have the necessary permissions and authorizations.

Are you thinking of renovating your house and don’t know how to start?🤷‍♂️ Let us help you!