BUILDING PROCESS - LICENSES & LAWS

In this month’s column, I discuss in broad terms the general process with regard to ‘building’ your own house wherein you buy your plot, apply for the relevant licences and start laying foundations. As some of you may know, such can prove to be an exasperating, but ultimately rewarding, process which might have been less arduous if a lawyer had been engaged from the outset. First, necessarily you find the plot of land and confirm with the Ayuntamiento whether than land is classified as ‘rustica’, ‘urbanizable’ and ‘no urbanizable’. If ‘rustica’, you will need to satisfy stringent criteria in order to secure building permission of any form and even then, whatever permission you secure is likely to be extremely limited. Do not be soft soaped into thinking that just because the vendor has relatives working in the Town Hall that developing the existing ‘nave’ into a lovely detached villa will be a mere formality.

As noted, it is possible to secure building permission for ‘rustica’ land, but you ought properly to discuss the same with your lawyer and be fully advised and aware before taking the plunge. Similarly, much the same may be said of land which is classified as ‘no urbanizable’ in that permission will not readily be granted. However, if the land is ‘urbanizable’, permission will be granted, subject to a number of administrative hurdles which your lawyer will be able to ensure proper clearance.

Second, attend the Ayuntamiento to review the Town Plan (PGOU (Plan General de Ordenación Urbana)), the Proyecto de Urbanización and the Plan Parcial. These documents will confirm the Ayuntamiento’s existing development plans as well as provide pointers for its future plans. For example, are major road-building plans imminent, is an industrial or housing estate planned or are there plans to develop a reservoir which will subsume your dream house etc.?

Third, have your lawyer check the escritura as held with the Registro de la Propiedad (Property Registry) so as to confirm ownership and the description of the plot. If the description is particularly vague or loose, which is not uncommon, have a surveyor measure the plot precisely. Also, ensure that the surveyor cross-references the plot’s measurements with the Catastro (Land Registry) description and have your lawyer oversee any remedial corrective procedure as may be required b either the Ayuntamiento and, or Notary.

Fourth, once you have purchased the land, the Ayuntamiento need approve your architect’s plans and grant the permiso de obra mayor (permission for major works) for the main structural work. The licence typically costs 4% of the envisaged construction cost. For smaller tasks, you need apply for a licence for obra menor.

Finally, when the building is complete you need obtain a formal certificate confirming the completion of the new works or ‘declaración de la obra nueva’, so that the new property can be formally entered in your escritura. You also need to have the architect formally sign off the building as satisfactorily completed as well as secure from the Ayuntamiento the Licencia de Primera Occupación which states that the house is now inhabitable for the first time.

Myles Jackson is a bi-lingual, practicing English lawyer who works for the Granada law firm, Recursos y Gestión Quatro SL. Call Myles on 958 958 077 or write to him at mylesjackson@granadalaw.com