Page 8 FIVE FACTS ABOUT LICENCES IN SPAIN
Spanish building licences are quite famously difficult and tortuous to obtain and in most cases a bit of a nightmare. Here are 5 common tricky situations that can only be solved using a Retrospective Licence.
1- Garages or building work carried out attached to the boundaries (even permanent carports etc) cannot obtain a licence (generally speaking). The minimum distance from an open window to the neighbour's boundary is 2 metres in Spain. Generally detached villas in Alicante area must stay away from the boundary by a minimum 3 metres, although this may vary and can even be much more.
2- Glazed in terraces or closed in porches are built without a proper licence in 95% of cases. Spanish properties traditionally tend to have many open (patios) or semi-open spaces (porches) to create breezes or shaded areas. These semi- open spaces are very frequently closed in by using glazing or brick work. The Spanish laws regard these enclosures as extensions of the built floor area of the property and therefore they are subject to a 'Major Licence' for their construction. Licences to close these spaces in are generally not issued.
3- Most pools are not declared in the title deeds. Many of them don't have a licence either. The small percentage that have a licence generally don't have the architect’s certificate signing off the building of the pool. If your are selling your property you can use
a Certificate of Antiquity or Retrospective Licence for pools, to give peace of mind to the purchasers and also use it to upgrade the title deeds to include the pool at the time of selling.
4- Any exterior cupboard, semi open kitchen or other covered building work must have a proper 'Major Licence' when it has an interior height over 1,50 metres.
5- Under-builds with living accommodation are nearly never made with licences and like the previous examples can be added to the title deeds using a Retrospective Licence.
In all these scenarios the document needed is a Certificate of Antiquity, also known as a Retrospective Licence, to guard against possible sanctions and it is highly recommended to avoid putting off potential buyers due to the existence of illegal extensions in or on the property. It will also be needed on completion of the sale in order to update the property’s description in Title Deeds & Land Registry.
The only condition in order to obtain a Retrospective Licence is that the building work done is 4 years old, before the 20th August of 2014 (6 and a half years old now).
If you are purchasing a property in this area remember to always give your solicitor an exact description of the property highlighting the building works above and ask them to guarantee what you are buying is exactly what is registered at the land registry.
Only proper Spanish architects are competent to issue retrospective licences so if your solicitors are studying your case, ask them to contact Martinez de la Casa Architects to provide the Antiquity Certificate and we will make the whole process easier, faster and cheaper with our fixed published prices and guaranteed deadlines.
Cost of a Certificate of Antiquity / Retrospective Licence for pools is 190€ +IVA and extensions or complete properties 270€ +IVA. Discounts available for existing Martinez de la Casa clients or if you require your Energy Performance Certificate (121€ IVA Inc) or Habitation Licence (from 118€ Registration tax not included), done at the same time.
Martinez de la Casa Architects can guarantee all services within stated deadlines and a fixed price. With over 5,000 clients in South East Spain, we are considered one of the most prominent and respectable architecture practices, providing all types of certificates and licences, amongst other services.
For all enquiries or to arrange an appointment please call 665 810 411 or visit
www.martinezdelacasa.com to see an impressive list of over 150 client's testimonials.
QF Focus Magazine
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