What are the consequences of having building work for extensions or pools carried out without a building licence in Spain?

If you’ve done unlicenced building work to your property in Spain, then this after-Brexit retrospective licencing information is a must read.

1. What are the consequences of having building work (extensions or pools) carried out without a proper licence? What is the cost of fines?

What are the consequences of having building work for extensions or pools carried out without a building licence in Spain? As for May 2021, building work done without a proper licence will be subject to a fine and demolition order if detected by the Spanish authorities. The cost of the fines will varie between different town halls, size of the extension, kind of plot, etc., but they can easily be over 300€ per square metre. (EG a fine for a10 square metre shed, can easily reach 3,000€.) The building work can also develop into a court case.

For the above reason and if not detected by the authorities, it will devalue the price of the property if it is being marketed.

Property owners feel anxious or stressed for having done unlicensed building work and fear, not only receiving a heavy fine, but also that it could be problem at the sale or inheritance process.

2. When is it obligatory to have a building licence?

In Spain it is currently compulsory to have a licence for any kind of building work, including minor work such as rendering, installing new windows, retiling etc. Retrospective licences are only valid for major building work such as house extensions, garages, carports, glazed areas, underbuilds, pools, workshops, storage areas etc.

If the property has been extended with building work, or a pool constructed without a proper licence, owners can still obtain retrospective licences after Brexit if the building work meets the necessary conditions.

3. What are the conditions to obtain a retrospective licence for an extension built without a proper building licence?

• In Murcia, to obtain a retrospective licence it is essential that the building work already done is at least 4 years old.

• In Almeria, the building work needs to be over 6 years old.

• In Alicante, the building work needs to have been completed before August 2010 (over 11 years approximately).

No retrospective licences can be issued for extensions that have already received a fine.

4. Is it still possible to obtain a retrospective licence for building work done without a building licence after Brexit? Can law changes affect retrospective licences?

Yes, law changes can affect the conditions to be able to obtain a retrospective licence and in fact the conditions have changed over the years.

At the moment retrospective licences are still possible to obtain after Brexit. If and when there is a law change that makes these licences unavailable Martinez de la Casa Architects will inform the general public.

Once the retrospective licence is issued, the licenced extension/pool cannot be objected to by any authority, regardless of any future law changes.

So, if you feel anxious, stressed or concerned for having done building work without a proper licence it is just the perfect time to fix the matter, (only in case the building work meet the conditions mentioned in point 2) the process is 100% troublefree, 100% risk-free and straight forward.

5. In case a retrospective licence is possible, what is its cost and procedure?

Currently the process for obtaining a retrospective licence is straightforward and only Spanish architects are able to issue them. Once confirmed, Martinez de la Casa Architects will arrange an appointment to survey the pool/extension requiring only your NIE and current Title Deeds. Back in our office we check the age of the pool using satellite images (pictured is an example used in the process for retrospective licence certification) along with the measurements and documentation we take during our on-site visit. The retrospective licence/certificate of antiquity is stamped by the Official College of Architects or Notarised and delivered within 10 working days (guaranteed).

Using Martinez de la Casa Architects

The price of a Pool Retrospective Licence (Certificate of Antiquity) is 190€+IVA (229€ IVA incl) and for Extensions 270€+IVA (326€ IVA incl. All extensions in the property included).

What are the consequences of having building work for extensions or pools carried out without a building licence in Spain? Martinez de la Casa Architects is the Number One company for Architectural Certification in Southern Spain, including Energy Performance Certificates (121€ inc IVA) and Habitation/Occupation Licences (prices depending on each Town Hall) and Retrospective Licences.

For all enquiries or to arrange an appointment, please call +34 665 810 411 (English)
or visit www.martinezdelacasa.com.