Home Improvements

ARE YOU THINKING OF MAKING IMPROVEMENTS TO YOUR PROPERTY? BE AWARE OF THE LEGAL REQUIREMENTS TO FOLLOW.

NOW is the time of year when you own a property in Spain, whether you’re using it for your holidays or as a permanent home and maybe you want to improve your property by building a pool in your garden, a summer kitchen or extension to have an extra room for friends or family. Then, here comes the question:

What steps should I take? What am I allowed to build and what am I not? Do I need to get permission?

Well, the answer is YES to all of the above. You should get permission to proceed with this and you should be aware that you need to meet some requirements to avoid having problems in the future when you come to sell or by the time your property is to be inherited.

First of all, to carry out the works you plan to do, you will need to employ a Builder. In most cases, that Builder will have an architect to deal with the application of licences and permits at the Town Hall on your behalf, but you need to make sure this is done, as it will be the first requirement to meet.

The Town Hall will authorise you to build what you plan as long as those Works meet the urban and legal law requirements for the area. Depending on the type of work you wish to do, you will have to present a RESPONSIBLE DECLARATION of minor work or maybe apply for a LICENCE TO BUILD as a MAJOR WORK (for pool building and extensions that add square meters to the property)

It is important to note that even the smallest job to be done in your property, for example to buidt a pergola, raise a boundary wall, change the pavement and so on requires you to obtain a Licence from the Town Hall.

What happens if the Town Hall licence is not obtained first?

The Town Hall (to which your property belongs to) employs technicians who are in charge of making inspections along urbanisations in search for unlicensed building works being carrying out. Inspectors can also be sent as a result of a neighbour reporting the building Works being done without the preceptive licence.

If the Town Hall finds building Works being done without a licence, you will be asked to:

Pay a fine and apply for the corresponding building licence, if the works meet the urbanistic rules and law.
Or it may happen that you are asked to pay a fine and then find out you are not allowed to do the extension as planned as it doesn’t meet the required urban laws and therefore you will have to demolish what you have built, covering the costs for it.

Secondly, if your property is part of a community of property owners, you need to apply for permission to build to the rest of property owners at the AGM. This is an important step to follow, as, the Community of property owners is so powerful that, unless the authorisation to the work you plan to do is passed and agreed unanimously by the members of the Community you will not be allowed. If you have already done it, you will be asked to demolish it at your own expense.

The third step to follow is to add the extension or job done to the property description on the Title Deeds, this way, you will be ready for any future event, either in the event of a sale of the property or an inheritance of your property. For that you will need a final certificate from the Architect that confirms the works are completed.

SGM ABOGADOS offers you the assistance and legal advice on the Works you wish to carry out and to complete the paperwork required after the Works are done.

For further information on this matter, you are very welcome to contact us at info@sgmlegalspain.com or call us on 965 72 48 71 / 688 48 37 50 or HERE