Spanish Property For Sale

Building Licence

If you are considering the possibility of buying a nice plot and constructing a house "by yourself" to satisfy all your ideas on what an ideal home should be like, you need to obtain the necessary licence which gives you permission to build the dwelling of your dreams - the so-called "building licence"

The building licence is the administrative act that permits the carrying out of a particular and future work. That means the specific recognition of the features of the technical project.
The approval of the project therefore signifies that it respects the sector regulations and the urban planning which governs the area on which you would like to construct.

The building licence allows the construction process to start. The public body usually in charge of the building licences, except in some Spanish autonomous communities, is the town hall governing the area where the plot is located. The act of granting the licence is not a discretionary power of the local government but a regulated act whose fulfilment entails that both the project and the town hall have fully regarded the legal system.

It is very important to comply with the urban planning regulations otherwise you may commit an administrative infraction which may cause, in the last resort, the demolition of the building.
The necessary steps for the licence to be granted begin with the request before the competent town hall. Although it is not essential to show your domain on the land, it is always admissible to provide the title that justifies your right on the land.

The form will normally be provided at the town hall. It needs to be submitted along with the project drawn up by the competent professional association, usually the Architects Association.
You also need to submit a description of those activities that will be subject of the licence, indicating the destination, use and purpose of the works specified in the project, and finally, if necessary, all documents proving your sufficient right to carry out the construction and use of the land.

The filing of the request starts the administrative procedure. The public body in charge of the file is obliged to give a specific resolution in one sense or another.

During the procedure, every person who believes they could be affected by the concession of the licence is entitled to serve a pleading on it.

The administrative authority that is to grant the licence could decide in four different directions:
- Not to admit the request of the licence due to lack of some essential requirements.
- Grant the licence.
- Grant the licence under certain conditions.
- Deny the licence.

The procedure of the concession of licences is governed by what is known as "silencio administrativo" (administrative silence). This is a legal term, by virtue of which the legal system grants any given petition, provided that the competent public organ does not answer in time.