Construction law Spain

Basics of Spanish Building Law

Spanish building law is governed by the national law Ley de Suelo as well as other special regulations. These laws outline the fundamental guidelines for land use and for the advancement of construction projects. The central aspects of these regulations comprise spatial planning, urban development, building standards, and compliance with environmental standards.

Which Types of Construction Require a Building Licence?

In Spain, all construction activities involving the erection of buildings, facilities, or any other structures are subject to building authorisation. Land use for commercial or economic purposes requires approval from the relevant authority as well.

The following construction projects require approval from the respective municipality:

• Plot Partitioning: Any form of plot partitioning requires authorisation.
• Earthwork and Land Levelling: Any operations that involve altering the soil or storing construction and/or waste materials must be approved.
• Construction Work: This comprises the construction of buildings, roads, and other infrastructure.
• Construction of New Buildings: A licence is required for the construction of new buildings and facilities, whether temporary or permanent.
• Expansion and Remodelling Work: Expansion and remodelling of existing structures and facilities are also subject to authorisation.

Approval Process

Every construction project in Spain necessitates careful planning and the acquisition of various permits. Depending on the region, there may be differences in the authorisation procedure.

Building Permit:

• A building permit must be obtained from the relevant municipality prior to the start of construction.
• This permit ensures that the construction project complies with the applicable urban planning regulations.
• The municipality must decide on your application within three months. If no decision is made within this period, it is either deemed to be tacitly approved or rejected ‒ depending on the project’s nature and scope.
• Rejection notices can be legally contested.

Occupancy Certificate:

• Also known as the first occupancy licence (“licencia de primera ocupación),” this certificate is required so as to use a new or remodelled building for the first time.
• You must prove that the completed building complies with the approved blueprint as well as with the technical, safety, hygiene, and accessibility requirements.
• Utility companies (electricity, water, gas, telephone) will request this authorisation certificate prior to signing contracts.
• Notaries and land registries will also request this certificate prior to officially certifying or registering documentation for new buildings.

What Categories of Building Land Exist?

Urban Land

This type of land typically has access to urban services, such as water, sewage, electricity, and paved sidewalks. What can be built on this land is outlined in the municipality’s development plan, while each municipality has its own regulations. Upon request, the municipality provides information on whether the land is designated for single-family homes or multi-unit housing, including details on plot size, building height, superstructure, living area, and boundary distances.

Land Awaiting Development

This type of land is designated for potential future development but could also be classified as “suelo rústico,” which would severely restrict its further development for construction purposes. This land is in a transitional state and will only qualify as building land after a legal process.

Rural Land

Rural land is similar to the category known as “Bauen im Außenbereich” (construction in the countryside) in Germany. What can be built here is regulated by regional building laws as well as by local municipal ordinances.

Special Regulations on the Balearic Islands

Environmental Protection and Coastal Management

The Balearic Islands impose strict environmental regulations designed to protect their natural landscapes and coastlines. Construction projects near the coast or in nature reserves are subject to stringent provisions. These are designed to ensure that the unique nature of the islands is preserved.

Coastal Protection Act (Ley de Costas)

The Spanish Coastal Protection Act is particularly stringent on the Balearic Islands. It regulates the use and protection of coastlines, incorporating restrictions on the construction of new facilities and the renovation of existing buildings near the coast.

Regional Building Regulations

The Balearic Islands enforce their own building regulations, which are often stricter than national laws. These regional regulations concern, among other things, building height, density of development, and architectural design with the aim of preserving the traditional appearance of the islands.

What Special Regulations Apply to Plots Designated as Rural Land?

Not all “suelo rústico” land is alike: some areas enforce strict protection regulations that prohibit any construction (e.g., AANP, ANEI, ARIP-B, ATC). Other areas allow construction under strict provisions and mandatory requirements. For example, in certain zones, the plot size must be at least 50,000 m² or 14,000 m², whereas only a single-family home may be built upon it. Additionally, the built-up area has been limited to 1.5% of the plot size since 2020, and the building volume has been capped to 900 m³. Pools can be a maximum of 35 m² in size, with a maximum water volume of 60 m³. There are also restrictions on canopies, which must not exceed 20% of the remaining building size. Municipalities can also issue aesthetic regulations for materials, facades, roofs, fences, and window sizes.

What is the Procedure Regarding Unauthorised Constructions on Rural Land?

Historically, there have been numerous building violations on rural sites on the Balearic Islands. In the past, extensions were often built without authorisation, which allowed their owners to save on taxes. At present, the authorities monitor illegal constructions and can initiate fines or demolition proceedings. The legal protection for the existing illegal buildings in rural areas expired in 2018. Only buildings that had been standing without objections on the part of the authorities for eight years prior to 31 December 2017 still enjoy legal protection. As of 2024, the Balearic government is considering whether to introduce a general amnesty for unauthorised constructions.

Special Building Areas and Protection Measures

The Balearic Islands feature special protected areas, such as the Serra de Tramuntana on Mallorca, which is a UNESCO World Heritage Site. In such areas, particularly strict building regulations apply with the aim of preserving cultural and natural heritage. For construction purposes it is often necessary to obtain supplementary licences as well as to conduct environmental impact assessments.

Sustainable Construction

The Balearic government promotes sustainable construction through various initiatives and programs. These include incentives for using renewable energy sources and environmentally friendly building materials. These measures aim to minimise the ecological impact of construction projects.

Special Regulations on the Canary Islands

Autonomous Legislation

The Canary Islands utilise their autonomous legislative powers to establish special building and planning law regulations. These regulations take into account the unique geographical and ecological characteristics of the islands.

Volcanic Terrain

On the Canary Islands, supplementary regulations apply to construction on volcanic terrain. These rules concern the stability of structures and the need for special technical assessments and authorisation. Builders must ensure that their projects comply with the respective geological constraints.

Protection of Landscapes and Cultural Heritage

The Canary Islands have specific regulations aimed to protect their unique landscapes and cultural heritage. Construction projects in protected areas, especially near historical sites and natural landmarks, must meet strict requirements.

Special Construction Zones

There are special construction zones on the Canary Islands in which certain types and heights of buildings are prescribed. These zones aim to ensure that construction projects harmonise with the natural environment and do not disrupt the landscape.

Environmentally Friendly Construction

The Canary Islands promote sustainable building practices. The island authorities support initiatives for using renewable energy, water recycling, and other environmentally friendly technologies. The goal is to minimise the impact of construction on the islands’ delicate environment.

Att. Prof.* Dr. Stephan J. Lang

Svetlana Evgrafova