Planning permission for property and land in Spain
The responsibility for dealing with new property developments and planning permission in Spain lies with the regional governments. As a result there is no all-encompassing set of laws dealing with the building of property in Spain. If you are hoping to buy land in Spain you should research these regional variations.
Obtaining planning permission in Spain
Before you buy any land in Spain you must check that it qualifies for a building permit. Some buyers have bought land in Spain only to find out it has no planning permission and no chance of obtaining a permit meaning they cannot build there. If land in Spain has no chance of gaining planning permission then you will find it difficult to sell on, leaving you with an expensive and worthless plot.
These problems often occur because of bad advice the buyer has received. You must always seek independent legal advice to keep you falling victim to the complicated laws regulating the building of property in Spain.
You should have your lawyer visit the town hall to:- Ascertain the exact status of the land in Spain and obtain written confirmation prior to buying.
- Check whether permission exists, whether it will be granted and if there are any other obstructions.
Planning your property in Spain
Once you possess the deeds (escritura) you need to find an architect to put together plans for your proposed property in Spain. The plans, along with a fee equating to around 5% of the construction costs, should be submitted to the town hall.
Spanish laws tend towards excessive bureaucracy and consequently there are regular delays in obtaining planning permission in Spain. An optimistic forecast would be between three and six months. Delays can prove a nightmare for those working to a strict budget and timescale so bear this in mind if you are considering buying land in Spain.
Retail developments worth €2.7 billion have been put on hold because of planning permission delays so you are unlikely to receive preferential treatment for your property in Spain!
Regional differences regarding permits to build property in Spain
The Andalucian government, for example, called upon town halls to be stricter when granting planning permission as a result of foreigners buying up cheap land in Spain. Consequently, owners often face a frustrating wait for permits.
Over 30,000 homes have contravened planning laws as a result of questionable dealings by officials in Marbella. A further 10,000 never received planning permission and between 15% and 20% face possible demolition.
The controversial Valencia land-grab law was passed in 1994 when large areas of the Valencia province were undeveloped. The intended outcome was for local authorities to improve the infrastructure of the area although this often meant land was seized from property owners without recompense.
This contentious piece of legislation has now been overruled, much to the relief of homeowners in the region.
The laws on planning permission in Spain have tightened considerably in recent years with more conditions to be met. The status of land in Spain with regards to development is something that must be thoroughly checked before committing to building property in Spain.
