Normally, when you own a property, you think you have free rein to extend and reform your home as you please. We can already tell you that this idea is completely false. In Spain, as in every other European country, there are town planning regulations, and these are compulsory in every local authority, even if there may be minor changes from one town hall to another. Failure to comply with these rules may result in a financial penalty, or even the demolition of the building.
PLANNING PERMISSION PROJECTS
The first thing to do if you want to extend your property is to apply to the local council for planning permission, which requires a technical project drawn up by a qualified architect.
Under current legislation, it is compulsory to submit the technical project every time you carry out a reform, extension or alteration to the property, as if it were a new build.
EXTENSION OF A PROPERTY: REQUIREMENTS
- Photocopy of D.N.I. (N.I.E.)
- Title deeds to the property
- Technical project
- Details of the construction company and proof that it is up to date with its payments.
- Proof of payment of municipal taxes
Once the permit has been granted by the local council, construction work can begin. It is important not to start without obtaining the permit, as in the event of an accident, the insurance company will not be liable.
At this stage, it is possible to hire a technical architect to manage the construction.
Under current Spanish law, the involvement of two competent technicians is mandatory for building and extension work, as required by the LOE (Ley de Ordenación de la Edificación).
CONTRACT WITH THE BUILDER
Under current legislation, a building contract is a legal agreement between two parties on the details and cost of the construction:
- the specifications (technical project)
- the final budget
- the method of payment
- the start and finish dates for the work
- a penalty clause in the event of non-compliance by either party.
- It is very important that it is signed by both parties.
OBLIGATIONS OF THE BUILDER :
The builder is the agent who assumes the commitment to carry out the work or part of the work with the necessary human resources and machinery, whether his own or those of others, subject to the contract and the project.
THE BUILDER'S OBLIGATIONS:
- To carry out the work, in accordance with the project drawn up by the architect, in order to achieve the purpose of the project.
- Possess the academic qualifications or professional training to act as a builder.
- Select the project manager who will act as the builder's technical representative.
- Comply with health and safety measures and provide all the necessary means to do so.
- Sign the deed of commencement of work (staking) and the final deed (acceptance) of the work.
- Take out third-party liability insurance for the duration of the work.
- Take out insurance (or a bond) against material damage with a one-year guarantee.
RESPONSIBILITIES OF THE BUILDER AND ARCHITECTS INVOLVED IN THE WORK:
The liability of the technicians involved in the work begins when the deed of acceptance of the work signed by both technicians is signed. In addition, this liability extends automatically according to the following criteria:
- One year for execution work affecting finishing elements.
- Three years for figuration defects, damp and problems relating to building installations.
- Ten years for problems with foundations, supports, beams, floor slabs, load-bearing walls - in other words, all structural elements that compromise the solidity or stability of the building.
A general misconception is that ten-year liability extends to all parts of the building, when this is not the case, as we saw in the previous points. All you have to do is maintain your home properly, and don't rely on a simple crack after seven years when the insurance covers up to three years.
THE PROCEDURE TO FOLLOW ONCE THE WORK HAS BEEN COMPLETED
Once the extension work has been completed, it's clear that the square metres of our property have increased, so we'll need to update the square metres and the description of the property before the notary and then register it with the Land Registry.
ASK QUESTIONS AND OBTAIN MORE DETAILED INFORMATION
The Arcostec Group's specialists will be happy to answer your questions about the world of town planning, processing and obtaining municipal building permits, architectural projects and general advice. Free initial consultation, call in the professionals!
