Mj Carrillo Lawyers. Spain

Building your
House

Building your house

Cheking the land.

The first thing you have to know is whether you can get permission from the Town Hall to build your house. The permit is called licencia de obra. You should know that building permits cost around four per cent of the estimated construction cost.

Other thing to consider is that in Spain, the land is classified as follows:

  1. Urban Land, land for development (suelo urbano)
  2. Green zones, where no building can take place (zonas verdes)
  3. Country land, rural areas, where no construction is permitted (suelo rústico)

Land measurements and other steps

The seller must have a title deed for the land, just as for a flat or land with an existing house. This title deed will describe the land, but sometimes the description is not exact enough to suit you. You better check with the Property Registry as well as the Catastro.

The Catastral Office lists the boundaries and measurements and physical characteristics of the land. You have to be sure that this description squares with the description in the title deeds. If not, you may be able to get the catastral reference to square with the reality of the land.

Next step should be the inspection of the Town Plan and the Partial Plan, in order to know the developments planned for the area where your land is located (roads, water supply...), and if the urbanization is registered and legal.

Once you decide that you can buy the land and build your house, is the moment of signing the sales contract before a notary.

You would need the services of an architect, and his drawings are needed to get your building permit. You need to find also a reliable builder whom you will sign a contract with.

clerk of works (aparejador) will supervise the building and ensure that it comply with the construction standards. He will issue the architect’s certificates to obtain the certificate of completion of the building and the certificate of occupancy.

Next step will be the registration of the house at the Spanish Property Registry, as your deed contains only the plot registration. You should make a declaration of new work (declaración de obra nueva) in order that your house appears in the deed.

Other documents required will be the building permit, the certificate of building completion and the certificate of occupancy.




© 2005-2009. MJ Carrillo Abogados. Calle Comedias, 2. 3ª Planta. 30201 Cartagena (Spain). Tel: 968 12 17 15 Fax: 968 52 69 73. contact@SpainSolicitor.com