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New building & renovation   •  Read also  •  Building on Your Plot

Activities Requiring Official Approval

As a general rule it is necessary to obtain building permission for new buildings, rebuilding and the restoration of existing buildings where extended living area is constructed or where roofs of supporting walls or facials are altered. No permission is required for renovation or general repairs.
Permission is also required for earth-works, the construction of roads or paths as well as for water tanks, even if they are not constructed above surface level.

Authorized Persons for Planning and Acquisition of Official Approval

Only architects are authorized to acquire planning and building permission for construction within villages (Urbano), for small buildings and constructions on farmlands engineers (aparejadores) are also authorized to require official approvals from the responsible town hall.

Regulations and Planning Permission of Local Planning Authorities

The ranking of the properties into the different utilization-zones is regulated largely in surface-utilization-plans.
The current building regulations are determined within the statutes (normas Subsidiares) of the communities and by the development-planning authorities (plan Parcial).
The basis for these regulations is determined by the newly composed area-order-law brought into force on 13.05.1999 (Ley 9/1999, de 13 de mayos, Ordenacion Del Territorio de Canarias). This law regulates, in 234 articles (Articulos), all measures.
Construction of buildings in Village areas (Urbano) are allowed under observation of the building regulations, Construction of buildings in farmland areas (Rustico) are also allowed under observation of the building regulations. As a general rule it is permitted, in rural areas, to construct a building of 240 m2 per 10.000 m2 farmland (Finca), with a maximum of 2 levels.
In protected farmland zones the construction of buildings is principally not allowed. Exceptions can be made if the owner agrees to plant agricultural plants and trees (tropical fruit trees like - palms, mangos, oranges, lemons, bananas) or a forest on a minimum of 60% of this area.
Depending on the proximity of the property to a village or to streets it may be possible to get permission for a larger building area on farmlands.

Planning Permission and Building Regulation Clearance:

Is necessary and regulated in the L.S. (Law of area-order and town-order)
A communal area plan, and development plan exists ('Plan General Municipal de Ordenación).
There, all areas are divided into urban (building sites within villages), future urban ground (suitable for future constructions) , farmland and protected ground (nature conservation etc.).
This is often very generously applied by the authorities. The application for building must be signed by an architect and be presented to the local authorities.

Building Contract:

This contract will be drawn up with the contractor and is based on the law of contracts, Art. 1542 Cc and 1588 Cc.
Usually the contractor will get a profit of 15% of the value of building costs. The payment will be agreed in steps proportionately according to the completion of the building.

Construction Work:

A locally authorized Architect will plan the building and supervise the construction work. The contract with him, as well as the payment to him, will be confirmed by the professional association of architects. The architect's fees are based on the value of the construction and may be agreed with him.
The Architect will work together with a technical architect ('aparejador') on the supervision of the construction work. This technical architect is a member of his own professional association. Both the architect and the "aparejador" are obliged to be insured against risks for their work.

Liability for defects:

Are based on law article. 1484 Cc. They will be divided between visible and hidden defects. Reclamation on visible defects must be made on completion, and it is, in such a case, advisable to call upon an expert for advice as visible defects which are not mentioned before the handover of the building will not thereafter be taken into account. For hidden defects the limitation period based on contract law art. 1591 Cc is 10 years and as long as 15 years if the defects are caused by the breaking of contract laws by the contractor.

Measures After Completion:

'buletin de instalaciones eléctricas' (certificate of the electrician for completion of installation)
'certificación final de obra' (certificate of the architect for completion of the construction)
These two official final inspections are necessary in order to get connected to the local electricity and water supplies

Entry of the Building in the Land Register - "statement of new building", declaración de nueva obra. 208L.H., 308 R.H.:

In order to enter new buildings or renovations in the land register a solicitors note (Escritura) is necessary.
For this, an architect's certificate of completion of the construction is necessary.
The entry in the land register is as very important factor for the value of a mortgage, as well as for the value of taxes.
Any person not complying to this rule, is, strictly speaking, liable to "tax evasion".
As far as is known, nobody in Spain has been punished for such a offence.

Approximate Recommended Prices and Costs for Constructions:

With skill full calculation the following levels can be achieved.

Recommended Prices and Costs for Constructions of Bungalows / Chalets , Completed, Without Gardening Works:

Low level: design + equipping: 800 €  
Middle level: design + equipping: 1,000 €
High level: design + equipping: 1,200 €
No recommended price limits exist for luxuriously designed and equipped buildings.

Fees for Architect's / Engineer's Planning Work:

The fees for all architect's performance + planning electricity + sanitation is: 11% of the construction value.

Tax for Planning Permission and Building Regulation Clearance:

The tax for planning permission and building regulation clearance is approx.: 2.5% of the construction value.

Costs for the Electrical Connection of the Building (UNELCO):

If the cables of UNELCO are in immediate proximity to the water and electric meters,
the connection fee is approx.: 60 €

Costs for Water Connection to the Building (COMMUNITY):

If the community pipelines are in immediate proximity to the water meter, the connection fee is approx.: 20 €
All meters, pressure reducers and connecting parts for the connection must be bought and installed by the owner: approx.: 90 €
Total water connection: approx. 110 €

   
   

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