New building declaration in Spain: how I do this?

New Building declaration in Spain.

In order to understand the concept of the new building declaration and its importance, we will give some simple examples.

Let’s imagine that you own a property or plot of land in Spain, and you think that it is time to construct a dwelling on it. In order to make sure that everything is in legal order and that you can do the work, it is necessary to comply with all of the formalities to legalise this construction, which will result in a new building as new building declaration indicates.

Nevertheless, this same situation may also be necessary to expand your own business or shop, thus requiring new infrastructure. Here too, you will deal with a ‘new building declaration’.

What documentation will you need in order to obtain the public deed for the new building you are constructing?

• First, you will need a building permit, which will be issued by the Town Hall of the municipality in which you wish to carry out the construction.
• It is also important to have a final certificate of the work, issued by a certified architect.
• In certain circumstances, it is possible that you may need ten-year insurance.
• Also, in some cases, you will need a book of the Building Record.
• You will need to apply for a License of First Occupation at your local Town Hall.
• And lastly, but not less important, you will need to obtain an energy performance certificate.

When is it necessary (or not) to obtain a new building certificate?

The following is a simple example of when you would not need a new building declaration.

If you have, for example, an industrial premise and you want to install some kind of portable system for the offices, provided this occurs within the premises, you would not need a new building declaration.

However, if you want to construct a new building or an annex that is immovable, or you are thinking about redistributing the interior of your building in a different way, then you would need a new building certificate.

Welex understands that the application process for this certificate may be laborious, and our advisors remain at your disposal in order to correctly explain these formalities.

Should you have any enquiries of a legal or fiscal nature related to this or any other issue, do not hesitate to contact our law firm and accounting team in Marbella.