Spain Explained

Extensions: closing in a balcony or terrace in Spain

Property dimensions

If you own a property in Spain you will possess a Purchase Title Deed. On this deed you will find a description of the property that includes the square metres of construction and of usable floor space.

When it comes to balconies and terraces this is slightly different with only 50% of the square metres being counted as these are considered to be non-habitable areas. These dimensions are the ones that are then inscribed in the Spanish Land Registry as being the valid size of the property.

If you choose to enclose a balcony or terrace area in Spain then you are changing the dimensions of your property. The 50% allowance for these areas becomes 100% once it is enclosed.

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Enclosing a balcony or terrace

If you would like to go ahead then you must check that the town hall is in agreement with making these changes in the first place. You do this by applying for a licence from the Town Hall Planning Department by presenting a plan or project description and a builder’s quotation. This information will be used to calculate tax.

You will also need permission from the Community of Property Owners. They will need to issue written authorisation and will be particularly concerned with any changes to the appearance of the building that the alterations might mean.

After the work is done

Once the alteration has been completed the increase in metres must be recorded at the Spanish Land Registry. To do this you need an architect’s certificate confirming that the work has been carried to the original specification that the town hall was presented with.

The licence and other relevant documents must then be taken to the Notary who will create a new Deed that reflects the description and specification of the new property. The new Deed is then presented at the Land Registry where the existing details are modified.

When planning your extension you will need to take the additional cost of doing this into account. Expenses include:

  • Town Hall Construction Tax (known as ICO)
  • Notary fee
  • Land Registry fee
  • Stamp Duty at 1% of the value of the work undertaken
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2 comments

RICHARD GAY

28 January, 2018 9:28 am

Hi,
Hi,
I find your website really informative.
We are in the process of purchasing a property in Denia. The agent selling the property has advised us that our Solicitor is upsetting the seller by basically asking him questions! It appears the enclosed Naya does not show on the deeds as extra m2 and the seller wont add it to the deeds as I assume there would be a cost involved. All very strange to me. The seller has indicated that he will start showing the property again to potential purchasers this seems strange again as any new purchsers would have the same issue! Speaking with our solicitor tomorrow, just wondered what your take on the situation is as we love the property.

Suzanne O'Connell

2 February, 2018 2:44 pm

Hi Richard

Hi Richard

If it were Ábaco we would request that the sellers rectified the missing Naya from the Land Registry on the day of the signing. If they were not in a position beforehand, we would retain monies from the seller to do it ourselves at a later date. Alternatively we would include a clause in the contract to cover all eventualities regarding the declaration and making sure that if the sellers do not/ cannot resolve it then the buyers could regain their deposit.