Planning law
When you need a major works licence, when a responsible declaration (declaración responsable) is enough and what to do if it is refused.
Guide
A building licence (licencia de obra, also called permiso de obra) is the town hall’s authorisation, which checks that your work complies with the planning rules. Each region (autonomous community) decides which works need one, and each town hall sets its own procedures and fees.
The town hall can stop the work, open proceedings to restore planning legality and fine you. If it can be legalised, you will have a period in which to apply for the licence; if not, the town hall can order demolition. The time limit for acting varies from region to region and, sometimes (protected land), there is none.
The refusal must give reasons. You can file an appeal for reconsideration (recurso de reposición) within one month or go to the administrative courts within two; sometimes amending the project is enough. A planning lawyer assesses the best route. When you finish the work you will need the first occupation licence (licencia de primera ocupación).
You pay the planning licence fee (tasa por licencia urbanística) and the ICIO (tax on construction, installations and works), on the material execution cost, at a municipal rate of no more than 4%. The time limit depends on each town hall. For new builds, a lack of response does not amount to a licence being granted.
Types of permit
Not all works are handled in the same way: which route applies and when you can start.
Licencia de obra mayor: work that needs a technical project signed by an architect or qualified professional.
Obra menor: simple renovations that don't touch the structure or the façade.
Declaración responsable or comunicación previa: you declare that the work complies with the rules and submit the documents.
Which route applies to which work depends on your municipality: check the by-law or ask the planning department.
Step by step
Four steps, in order, from the planning rules to the decision.
Short deadlines
You have one month to appeal for reconsideration or two to go to court. A planning lawyer reviews your case.
Planning law
Licences, first occupation and owners' communities.
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How it works
Three steps. You decide at every stage.
What you want to build or renovate, where, and what the town hall has told you.
A bar-registered planning lawyer studies your case and contacts you.
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Tell us what work you want to do or what the town hall has told you: a planning lawyer will review your case.
Frequently asked questions
New builds, extensions and works that affect the structure or the façade and require a technical project. The exact list depends on your region and your town hall.
It depends on the renovation and the municipality. Simple works that don't touch the structure or the façade usually go through a responsible declaration (declaración responsable) or prior notice.
A fee for the licence and the ICIO (tax on construction, installations and works), at a municipal rate of no more than 4% of the material execution cost.
At your town hall's planning department: every citizen can access planning information. In many municipalities the site must display a sign with the licence.
The licence sets one deadline for starting and another for finishing. If they are not met, it can lapse, although you can normally ask for an extension before they expire.
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