Building permit in Spain (licencia de obra) – step by step

Before you apply: plot, NIE and zoning

Check that the plot can actually be built on before you buy. The municipal plan decides whether it is building land (suelo urbano or urbanizable), how much you may build, heights, distances and any minimum plot size. Ask the town hall for a written answer or get a planning report from an architect (informe urbanístico).

As a foreigner you need an NIE number (número de identidad de extranjero) to buy land, sign contracts and pay taxes in Spain. Apply early – waiting times vary.

The project: proyecto básico and proyecto de ejecución

The architect first prepares the permit project (proyecto básico) with plans, sections, elevations, areas and a description of the building. Many town halls grant the permit on that basis, but you cannot start building until the detailed construction project (proyecto de ejecución) is ready.

The construction project (proyecto de ejecución) for a home always needs approval (visado) by the college of architects (Colegio Oficial de Arquitectos) – this is national law. The permit project (proyecto básico) is only approved where the town hall asks for it. The project comes with a health and safety study, a construction waste plan and a geotechnical report, which the building code (Código Técnico) requires.

The application at the ayuntamiento

The application goes to the town hall (ayuntamiento), often online. Typical attachments are:

• The architect's project (the construction project with visado)
• Proof of ownership of the plot (escritura or nota simple)
• Receipt for the fee and the construction tax (ICIO) – often paid in advance
• Appointment of the architect and the building engineer (dirección de obra and dirección de ejecución)
• Any permits from other authorities, for example near the coast, roads or watercourses

Processing times vary hugely – from a few weeks to many months, depending on the municipality and how complete the application is. Missing documents are the most common cause of delay, so ask the architect to check the list carefully.

During construction

Once the permit is granted and the construction drawings are ready, work can start. The architect and the building engineer supervise the site and keep an orders book (libro de órdenes). Changes along the way may require an amended permit – especially if they affect areas, heights or facades.

If you live abroad, this is the phase where good records matter most: photos of what disappears into walls and floors, notes from site visits and written agreements about changes.

Finished: completion, occupancy and registration

When the house is finished, the architect and the building engineer issue the completion certificate (certificado final de obra). Then follow:

• The occupancy permit – licencia de primera ocupación, or a self-declaration (declaración responsable) in regions that have introduced it
• In some regions a habitability certificate (cédula de habitabilidad)
• Declaring the new building before a notary (declaración de obra nueva) and recording it at the land registry
• Water and power contracts, which often require the occupancy permit

Who does what

Many parties are involved, and it helps to know whom to ask about what:

• You as the client (promotor): own the project, sign the contracts, pay the fees and answer to the town hall
• The architect: project, visado, application documents and overall site supervision (dirección de obra)
• The building engineer (arquitecto técnico/aparejador): checks workmanship, materials and quality on site
• The builder: the construction itself, according to the project and the contract
• The town hall (ayuntamiento): processes the application, collects ICIO and fees and grants the occupancy permit
• Notary and land registry: deeds and registering the new building
• Lawyer (abogado) or agent (gestor): contracts, taxes and paperwork – often invaluable if you live abroad

Keep the paperwork in order

Along the way you collect deeds, projects with revisions, permits, receipts, contracts and certificates. Keep them together, with dates and versions. You will need them again for financing, insurance, repairs and selling.