New year, new look!

Thinking about improvements or extensions to your property? We outline what you need to know.  

As we begin 2025, many homeowners may be considering property improvements—whether it’s adding a pool, updating a kitchen, or enclosing a terrace. While these changes can add value, you must also be aware of what the legal implications are.

It’s important to remember that obtaining the correct licences is the homeowner’s responsibility. Starting work without them can lead to substantial fines or even a demolition order. Even if your builder states that he will deal with the necessary legalities for you, always verify the documents. Consulting a professional is the best way to ensure the necessary licenses are in place from the start, saving you time and potential headaches.

Additionally, any major changes, like extensions or pools, must be reflected in the property deeds. This is important to avoid complications when selling or dealing with inheritance.  

What licences do you need?

People are often surprised that you need permission to build even relatively small projects. Licences need to be obtained from the town hall for something as small as raising a wall or paving. Big projects require an ‘obra mayor’ licence and small projects must have an ‘obra menor’. If you need an ‘obra mayor’, as in the case of an extension or swimming pool, then you will need to involve an architect.

Getting ready to sell

Even if selling isn’t on the immediate horizon, it’s important to prepare. Maybe it is not in your plans for the near future but it could be that you or your inheritors suddenly need to sell for some reason. Sometimes the situation can be complicated and you want to sell as soon as possible.

Unauthorised building work is one of the main hurdles for those trying to sell a property in Spain. Any types of adjustments to the original plan of the property can lead to a sale falling through if the correct licences are not in place.

Many people are unaware that building restrictions in Spain are actually quite tight. The problem of unauthorised building work is usually discovered when the buyer’s solicitor carries out the checks to ensure that the property matches the catastral register and land registry description. In some cases an aerial photograph might be used to confirm that the property on the ground is different to that recorded.

Although, in some cases, it is possible to apply for retrospective planning permission, this is not ideal when you have a purchaser keen to complete the transaction and other properties on the market in a competitive environment.

Unfortunately, there can be occasions when a home improvement cannot be retrospectively authorised. This is where the alteration made is clearly outside of Spanish building law. In these cases even more time will be required in order to find a solution (if there is one).

Next steps

First of all, be sure that all the home improvements and extensions that you plan have the corresponding licence and, in case of major works, they will have to be declared in the Deeds. A new Title Deed called Escritura de Obra Nueva will need to be signed and the details of the property changed at the Land Registry.

On the other hand, if you know that there may be some work that’s already been done without a licence or that has not been properly registered, then it is important to take action as soon as possible. By approaching a good solicitor you can request an architect’s antiquity certificate or licence  depending on when the work was actually completed.

If your property is part of a community of owners, you must also seek approval for the new work. This approval must be granted at the Annual General Meeting (AGM), following the community’s procedures. In most cases, this means including an item on the agenda and obtaining unanimous consent. It is important to think ahead.  There may be a problem if the next AGM falls during Easter, but the work must be declared and the sale completed beforehand. This step is essential to ensure that everything is legally recorded in the Deeds.

Get in touch

Whether you’re planning improvements or preparing to sell, our team can provide personalized advice. Contact our legal department at jm@abacoadvisers.com for more information.