Everything you need to know about extending your Spanish property

Lots of people buy property in Spain with the idea of making minor or major changes. Perhaps you found your perfect country villa but wish to add a swimming pool? Or what about a larger kitchen with a beautiful outside dining area?

Anyone who has taken the steps to buy property in Spain knows that bureaucracy in the country can be difficult to navigate and time-consuming. Well, the same goes for applying for planning permission or adding any existing work to your property deeds. This is why some people decide to do the work first and ask for permission later. Of course, there are risks involved with doing this, but the real problems arrive when it comes to selling your property.

In this article, we’re going to take you through how to obtain a building licence for extensions and how to update your property deeds properly, to ensure a smooth sale.

What counts as a property extension in Spain?

If you’re thinking of making any changes or improvements to your property, the likelihood is that it’s counted as an extension. This includes swimming pools, extra floors, bigger rooms, and enclosing a porch. In Spain, there are two types of permits for different types of extensions. These are:

Obra Mayor (Major Works License). This is required if you intend to do significant extensions or structural changes to your property. This includes: building new rooms or floors, expanding living spaces, adding a garage, covering a porch or veranda, basement excavation and structural reinforcement (such as beams or roofs). 

Obra Menor (Minor Works License). You’ll need this permit for non-structural changes such as painting walls and ceilings, replacing tiles or countertops, window and door replacement (as long as they’re in the same position and size), installing built-in furniture and repairing facades or fences. 

As you can see, even smaller works require a permit in Spain.

Requesting an extension permit before work starts

We always advise applying for an extension permit before you start work on your property. This helps to avoid any possible problems or penalties later on down the line.

To start the process, you’ll need to hire a licensed or technical architect (arquitecto técnico). They’ll have to draft the architectural plans for the extension and fill out the corresponding project documentation. Even if you’re doing minor work on your property, you’ll still need an architect if you’re planning on altering the structure or layout.

Once that’s complete, you’ll need to submit the project plan at your local town hall (ayuntamiento). It’s the same place you’ll need to go to find out more about the Spanish land registry when buying property in the country. 

Typically, the required documents for an extension permit are:

●    Proof of the architect’s registration
●    Extension/project proposal and reports
●    Proof of tax/fee payment
●    Title deed/proof of ownership
●    ID/passport
●    NIE (Find out how to apply for a NIE here)

If your property is part of a community, such as an apartment or the property shares communal spaces such as a driveway or swimming pool, then you’ll need community authorisation. If your AGM meeting happens to be coming up, then you can discuss it then. If not, you’ll need to organise a separate meeting. If neighbours agree to the work, the community will issue a certificate, which needs to be signed in front of a notary. 

Paying required fees

There are two common taxes when it comes to property extensions in Spain. The first is the ICIO (Impuestos Sobre Contrucciones, Installations y Obras – Construction, Installation and Building Tax) which is usually 2-5% of the construction cost. The other is a tax for Urban Development Licensing which is usually less.

How long do you need to wait for approval for an extension permit in Spain?

Processing times vary from region to region in Spain. If you’re requesting a permit for a particularly complex extension or there are queries from neighbours, then it could take several months. Most usually, however, get processed within a few weeks. 

What should you do when the building work is finished?

Once the extension or change to your property is complete, it needs to be declared before a notary and written into the land registry. You’ll need a final certification of completion (Certificado Final de Obra) from the architect, which proves that the construction and changes have been finished. 

What happens if you don’t have a town hall licence?

If your property has been extended without a town hall licence, then things can get a little complicated. One option you have is to apply for an antiquity certificate. This allows you to legalise the extension retrospectively – depending on how many years ago the extension was completed. 

If an extension was completed before August 2014, then the extension needs to have been done 4 years before to qualify for an antiquity certificate. If it was completed after August 2014, then it needs to have been finished 15 years before. It’s worth checking in your own region of Spain, as these dates and restrictions may vary.

An architect will need to go out to the property to confirm that the extension was completed long enough ago to issue an antiquity certificate. 

Once you receive the certificate, you can then have the extension written into the property deeds. Again, however, if your property is part of a community of owners, you’ll need to obtain consent from your neighbours (even if it’s already been completed) to update the Spanish property deeds.

If you’re hoping to sell your property, you’ll need to have any extensions you’ve made written into the property deeds, as notaries and buyers will require them to ensure there are no infractions or future risks of demolition.

Property extensions in Spain and adding them to the deeds – final thoughts

Ensuring your extension is authorised is the easiest and most secure way to ensure you don’t encounter any problems later on. Imagine building your dream kitchen only to find out you need to demolish it because you didn’t get a permit. Yes, permits may take a while to get authorised but it’s the easiest way.

Once you’ve completed your extension, it’s essential you have the work written into your property deeds, especially if you want to sell down the line. The extra value and space need to be reflected in the deeds if you want to receive the optimal asking price. 

Note that this article is general and is shared as information. Property, tax, finance and other legal topics are personal and can vary not only from person to person but between the different regions of Spain. We recommend that you seek professional guidance if you need advice on matters covered in this article.