Note
Legalising an irregular property in Spain
Quick answer
Whether a building can be legalised depends on the land, the type of irregularity, how long ago the works were done and the regional and municipal rules. Some cases are a matter of paperwork, others cannot be fixed. Get a written opinion from your lawyer and the town hall before you rely on it.
Applies toBuyers considering a property whose licence or records are incomplete and who want to know if it can be fixed.
On this page: 8 sections
§ 1The honest answer
The answer to “can it be legalised?” is rarely yes or no. It depends on the land, the type of irregularity, the time that has passed, the planning rules in force and the attitude of the town hall. Some buildings are fully lawful and only lack a paper. Others stand on land where they could never have been built. The questions below decide whether legalising is possible, and the wider picture is in illegal builds explained.
§ 2Start with the land
The state land law classifies land as rural or urbanised, and the classification limits what can be built. A house on urbanised land with services, in line with the plan, is in a stronger position than a house on rural land with protection. Look at more on rustic land to see how the categories work for houses in the countryside.
§ 3Type of irregularity
A missing record is the easiest case. The building is lawful, but the extension, the pool or the division is not declared. Fixing it means a technical report and a declaration. A building done without a licence on land where building was possible may be regularised by applying for a licence late, often with a penalty. A building that contradicts the plan or protected land is the hardest case, and may lead to orders against the owner. The first two cases are discussed under more on buying with no licence.
§ 4The role of time
In some systems, works that have stood for long enough can no longer be the subject of orders to restore the legal position, though the building may still be out of planning. The periods and the effects vary by region and by type of land, and they are not a safe harbour. Do not rely on any period you read online. Ask your lawyer to check the rule for the place and the type of works, and to confirm it with the town hall. The effect of such a status is explained in more on AFO status.
§ 5What it costs
The costs can include the technician’s report, the town hall’s fees, a penalty or tax on the works, notary and registry fees to record the change, and in some cases works to bring the building into line. Ask for estimates before you agree a price. The registry fees and notary fees follow official scales that are explained in the costs section.
§ 6Making the contract safe
If the seller claims that legalising is simple, ask the seller to do it before the deed, at the seller’s cost. If that is not possible, ask for a retention from the price, held until the work is complete, with a deadline and a right to withdraw. Your lawyer should draft the clause.
§ 7When to walk away
Walk away if the town hall will not give an opinion, if the building stands on land that cannot be built on, if there is a demolition order, or if the price does not reflect the risk. A cheap price can be the most expensive part of the purchase.
§ 8More on this topic
More on urbanisation problems explains unfinished developments and services.
FAQRelated questions
Can I buy now and legalise later?
Possible, but risky. The result depends on rules that vary and on what the town hall decides. Do not pay on the assumption that it will work. Make the legalisation, or a written opinion that it is possible, a condition of the contract.
Who pays for legalising?
Whoever the contract says. By default the new owner bears the consequences, so negotiate the seller’s share in advance, with a retention from the price. The costs can include a technician’s report, fees to the town hall and sometimes works.
How long does it take?
It varies widely, from weeks to many months, depending on the town hall and the type of case. Ask the town hall for a realistic estimate in writing, and make your timeline allow for delay.
Sources
- Boletín Oficial del Estado: Texto refundido de la Ley de Suelo y Rehabilitación Urbana (RDLeg 7/2015) (official source, opens in a new window), Arts. 15, 17 and 21: duty to conserve; rural and urbanised landLast checked 17 October 2026
- Colegio de Registradores de España: Cómo comprar una vivienda en España (edición revisada, February 2020) (official source, opens in a new window), The five steps, nota simple, taxes and costsLast checked 17 October 2026
Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.