Did you know that even minor works to Spanish property need a planning permission? Many home owners in Torrevieja have found out to their cost that work they’ve had done has not been legalised. Here, we explain what might happen next.
Types of planning permissions in Spain
Improving their property is something that many people do once they have bought in Spain. It might be anything from building a swimming pool or a building extension to retiling or a new kitchen. What many people are unaware of is that they must have licences for this work.
The building licences that you should apply for from your town hallare of two types:
- The first ‘obra mayor’ is for major works such as building a swimming pool or a building extension.
- The second ‘obra menor’ is for less extensive work such as refitting your kitchen or tiling.
If it’s a major work that you are engaged with then you need an architect’s project to accompany your application at the town hall. You should also make an application to the community of owners, if you belong to one, and have their agreement to go ahead. This will be decided at the AGM.
If it is a major work and changes the description of your property as shown at the Land Registry, then this should also be recorded on the property’s Title Deed, Land Registry and at the Catastral Registry. For example, the addition of a swimming pool or a building extension serves to alter the size and value of your property which is also a consideration when you come to sell or bequeath.
Tax implications of not getting a planning permission in Spain
There are implications for the tax man too. Your rateable value or valor catastral is dependent upon the size and nature of your property. If you have made adjustments to it, then your tax is affected as well. The failure of some home owners to register changes to their property at the Catastral Registry has led to town halls taking action claiming the tax due.
One example of this is in Torrevieja itself. A total of 825 new constructions have been identified as not having had the correct planning permission in Spain. It was during 2016 that the department of finance in the town set about doing an audit of properties to check on those that could be seen to have had building extensions and swimming pools without notifying the authorities.
With new information collected from the air, investigators were able to match visual evidence with council tax bils.
It’s perhaps not surprising that they discovered quite a large number of properties that were at odds with what the records said about them.
This information has been passed to SUMA, the tax collection agency working for the town halls in the Alicante region, who have adjusted people’s council tax bills accordingly. This has come as something of a shock to some people who were faced not only with an increment for the current year but also charges for taxes from the last four years.
Of the 825 new constructions identified, 297 of these were swimming pools and 528 were additional buildings such as porches or extensions. The project took two years and involved extensive field work, including the use of drones to access areas that were more difficult to reach. It’s believed that most of the illegal building work took place between 2006 and 2018 with owners either being unaware of the requirements, or ready to take the risk of going ahead anyway.
The tax man amending his records is only one of the possible repercussions from the disclosure of illegal builds. The town council can now open files on property where it has been identified that the correct building licences are not in place and require property owners to legalise the situation.
Where the additional pools and building extensions are built upon urban land then it should be possible to legalise them. However, if the land is not designated for building or takes the amount of surface area used over the prescribed limit, it could even lead to a fine and/or demolition.
If you have extended your property without the correct planning permission in Spain and have seen your council tax bill change then you know you have already been rumbled and should act immediately.
For others, who are unsure whether the building licences are there or not, our legal department can check on your behalf.
Help getting a planning permission in Spain
If you don’t have the necessary licences in place we can help you apply for retrospective planning permission before the tax man spots your home improvements too. You just have to fill our this form and we will offer you a free consultation without obligation.