Spain Explained

Extensions: closing in a balcony or terrace in Spain

Last updated on October 28th, 2019 at 05:12 pm.

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.

New Call-to-action

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
New Call-to-action
See all

It might be of your interest...

Leave a comment

14 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. 

R E Drake

8 August, 2020 10:10 am

Can owners fill in balconies and build walls on there property, without permission of the rest of the community once a community has been formed.

Oscar Paoli

9 August, 2020 8:11 am

Thank you for contacting us, it will depend on what the “estatutos” of the community, but in general no, you would need permission from the community of owners and then of course ask for the necessary building permit at the local authorities.
With kind regards,
Ábaco Advisers

margaret

25 October, 2022 9:46 am

My neighbour has erected privacy screens around his front terrace thereby blocking my view, blocking my sun and my quiet enjoyment of my terrace. It was noted at the last agm in sept 2022 that these screens should be removed due to the spoiling of the aesthetics of the building. It was also put to a vote at that agm and the majority voted for the screens to be removed. My neighbour has refused to remove the screens. Do I have any recourse?

Oscar Paoli

25 October, 2022 4:28 pm

Hi Margaret,

You as an affected party could take legal action before the Local Town Hall in the event that the neighbours do not have a building permit. The most effective way is to go to court to file a lawsuit on the basis of damages, right of view, etc.

In our opinion, this is also a matter for the community to deal with, so the community should take part in the matter as they are agreed in the community and we can also imagine that these are common elements for private use where the works have been done.

Wishing you best of luck.

With kind regards,

Ábaco Advisers

Mercy Bona

6 November, 2022 10:35 am

Is it possible to seek indicative approval to build a room on part of a large terrace before actually acquiring the property?

Oscar Paoli

14 November, 2022 11:11 am

You may get a verbal confirmation from the community of owners and the Town Hall if requested.

With kind regards,

Ábaco Advisers

Kathleen

6 December, 2022 11:56 am

We have a terrace on our aoartment which is covered by 3 separate awnings. We would like to replace the end awning with a tiled roof, covering the same space as the awning. Do we need permission. Can the apartment above object to this replacement.?

Oscar Paoli

7 December, 2022 8:46 am

Hi Kathleen,
You should have the approval of the community of owners and of course get a building permit for this from your local Town Hall. We also recommend if this new construction you are planning on doing must be legalized and included in your Title Deeds.
With kind regards,
Ábaco Advisers

Aleks Pashev

16 September, 2023 8:55 am

Hello, currently, the last floor where the solarium used to be is partially covered with aluminum windows with a roof, and the remaining part is a terrace. We want to extend the covered area to the end and eliminate the terrace. Do we need any additional permits?

Oscar Paoli

18 September, 2023 3:17 pm

Hi Aleks,
Yes, you will need the permission from the community and of course the necessary building permits.
With kind regards,
Ábaco Advisers

Jacqui

5 October, 2023 1:42 pm

Hi,

Can I ask, if a property has a glazed balcony is it possible to revert back to unglazed if you purchase it – are there additional costs and processes which need to go through to do this.

Thank you,
Jacqui

Oscar Paoli

15 October, 2023 7:44 am

Yes, of course this would be possible.
With kind regards,
Ábaco Advisers