Building Permits in Spain: Essential Guide for Expats

Building permits in Spain confuse many British property owners. The rules seem unclear, the process is entirely in Spanish, and timelines are uncertain. After 27 years of navigating Axarquía's ayuntamientos, I can make this straightforward.

The Basic Rule

If your work is visible from outside, affects structure, or significantly changes the property, you probably need permission. That's the simple version. Reality is more nuanced, but it's a good starting point.

What Usually Requires Permission

Licencia de Obras Mayor (Major Works License)

Required for:

• Structural changes (removing or moving walls)
• Building extensions or new structures
• Changing roof structure
• New windows or doors affecting external appearance
• Significant alterations to facades
• Swimming pool construction
• Converting usage (e.g., garage to living space)

Timeline: Typically 1-4 months depending on complexity and municipality workload.

Licencia de Obras Menor (Minor Works License)

Required for:

• Internal renovations affecting multiple rooms
• Complete bathroom or kitchen renovations
• Installing new plumbing or electrical systems
• Rendering or painting external facades
• Replacing windows like-for-like
• Installing air conditioning units (visible externally)
• Tiling work in bathrooms/kitchens

Timeline: Usually 2-6 weeks, sometimes processed faster.

What Usually Doesn't Need Permission

Genuinely minor internal works that don't affect structure, plumbing, or electrical systems:

• Repainting internal walls
• Replacing internal doors (same size)
• Minor repairs not requiring structural work
• Replacing existing fixtures like-for-like
• Small decorative changes

But beware: What seems "minor" to you might require permission under Spanish regulations. When in doubt, ask.

The Application Process

Step 1: Understand What's Required

Each ayuntamiento has slightly different requirements. Some want technical plans; others are satisfied with simple drawings. Some require certified architect involvement; others don't for minor works.

This is where local knowledge matters. I know what each ayuntamiento in Axarquía expects because I've been dealing with them for nearly three decades.

Step 2: Prepare Documentation

Typically required:

• Completed application form (in Spanish)
• Property ownership documentation (escritura)
• NIE numbers for property owners
• Technical project (proyecto técnico) for major works
• Simple plans or drawings for minor works
• Photographs of existing condition
• Community permissions if in an apartment complex

Step 3: Submit and Pay Fees

Applications are submitted at the local ayuntamiento. Fees vary by municipality and project scope – typically €100-500 for minor works, potentially thousands for major projects.

You'll receive a receipt (justificante) confirming submission. Keep this safe.

Step 4: Wait for Approval

The ayuntamiento reviews your application. For minor works, this is often straightforward. Major works might require technical review, site visits, or additional documentation.

Silencio administrativo: If you hear nothing within the statutory timeframe (usually 1-3 months depending on work type), permission is often deemed granted. But get confirmation rather than assuming.

Step 5: Start Work

Once approved, you can begin. Display the permit notice at the property entrance (usually required). Some municipalities require notification before starting.

Step 6: Final Inspection

When work completes, some municipalities require final inspection. You'll receive a completion certificate (certificado de final de obra) confirming work meets approved plans.

Why It Matters

Skipping required permits creates problems:

• Fines: Municipalities can fine illegal works significantly
• Demolition orders: Extreme cases can require removal of unpermitted work
• Sale difficulties: Unpermitted changes affect property value and complicate sales
• Insurance issues: Some insurance policies exclude unpermitted work
• Neighbor complaints: Disgruntled neighbors can report unpermitted work

Village-Specific Considerations

Historic villages like Frigiliana, Cómpeta, and Nerja's old town have additional restrictions preserving traditional appearance. White facades must stay white. Traditional materials and styles might be mandated. These aren't optional suggestions.

Archaeological zones have stricter rules. Some areas require archaeological watching briefs during groundworks.

The Language Barrier

Here's the reality: the entire process is in Spanish. Forms, communications, inspections – everything. Ayuntamiento staff are helpful, but don't expect English language services outside major tourist areas.

This is why many British owners hire someone bilingual to handle permits. It's not just translation – it's understanding what each municipality requires, knowing which staff member to speak to, and managing the back-and-forth when queries arise.

Common Questions

"Can I Start Before Approval?"

Technically no. Realistically, some people do for genuinely minor internal works. But you're risking fines if reported. For anything significant, wait for approval.

"What If I've Already Done Work Without Permission?"

You can apply retroactively (licencia de legalización), but expect complications and potential fines. Better to apply upfront.

"Do Foreigners Face Extra Scrutiny?"

Not in my experience. Municipalities treat applications equally. Having documentation in order and following procedures correctly matters more than nationality.

"What If My Application Is Refused?"

Appeals are possible, but understanding why refusal occurred is key. Sometimes minor modifications to plans resolve issues. Historic preservation, structural concerns, or planning policy violations might require rethinking the project.

My Approach

When handling permits for clients, I:

• Assess what level of permission is required
• Prepare all documentation in Spanish
• Submit applications at the relevant ayuntamiento
• Liaise with municipal staff throughout the process
• Inform you of progress and any queries
• Ensure all conditions are met
• Obtain final certifications if required

You don't need to stress about Spanish bureaucracy or worry whether forms are completed correctly. It's handled.

Building permits seem daunting, but with local knowledge and Spanish language capability, they're manageable. Don't let permit requirements deter you from necessary renovations – just make sure they're handled properly from the start.