Before you alter your property in any way at all you should first check if anything is written on the subject in your Title Deeds (Escritura). Depending on the alterations or improvements you intend to make, you may have to discuss your plans with your Community of Owners and obtain their permission. Then you may need official permission from the relevant municipal office. These permissions must be obtained before any work is started. Do not take the word of well-meaning neighbours - or even of a local builder - who may tell you that no official permits are necessary for what you intend to do. In some areas building inspectors are patrolling the streets issuing very heavy fines and even demolition orders on any non-licensed work!
There are two types of building licences: a Licencia de Obra Menor (Minor Works Licence) is required for most home improvement projects, including those of a DIY nature, on the existing premises (ie improvements which do not result in an increase of space or rooms), while a Licencia de Obra Mayor (Major Works Licence) is required for any project which extends or changes the useful volume of the property or its surface area (ie extensions and additions of any kind, including putting a bathroom into an existing space).
Any alterations have to be documented - if you do not do this you will find yourself in a difficult situation when you come to sell your property, the new details of which will not match with those written on your Title Deeds. You can apply for the relevant licence form (solicitud) at the Planning Office (Urbanismo) of the Town Hall.
What is the procedure when the building work is finalized?
Once the extension has been completed it signifies that the original property has been changed with an increase of square metres. The new description of the property must be declared before the Notary Public and then inscribed at the Land Registry. Failure to complete this procedure will prejudice the future sale of the property and eliminate the possibility of being able to mortgage it.
How can the extension be declared at the Notary and then registered?
Various documents must be presented to the Notary to enable him or her to check the legality of the build and if it’s description actually coincides with the reality of what has been built. On of the key documents controlling this is the architect’s certificate, known as the Final Building Certificate, and this must be signed by the architect, the signature being witnessed and authenticated by the Notary. In signing the certificate beforehand or appearing personally at the signing of the New Build Deed the architect declares that the building work has been completed according to the original plans which secured the licence from the Town Hall.
For your peace of mind, before undergoing any alterations or extensions, please make an appointment with us to discuss the procedures.
