Note
Buying a property with no licence in Spain
Quick answer
A home with no licence may have been built without permission, may have a licence that cannot be found, or may be a lawful building that is poorly documented. Ask the town hall what exists, compare it with what stands, and do not pay until you know which case you are in.
Applies toBuyers shown a home where the seller cannot produce the licence, or where the listing says the licence is “in process”.
On this page: 8 sections
§ 1The question behind the question
“No licence” can mean several things, and the consequences differ. The town hall’s records separate one case from the other. It is part of the broader treatment of irregular properties in how illegal builds work.
§ 2The possibilities
The building may have been built with a licence that the seller cannot find. It may predate the rules that required one. It may have been built without a licence on land where building was allowed. It may have been built on land where building was never allowed. Or the main building may be lawful and an extension, a pool or a division may not be. Each has a different cost, and only the town hall can tell you which one applies.
§ 3Ask the town hall
Ask your lawyer to request, in writing, a copy of the licence, or a certificate of the planning status of the plot and the building. Ask what is recorded about the building and about any works. The answer shows whether the building was ever authorised, and whether any file is open against it. The first occupation licence, explained in the chapter on due diligence, is a separate paper and can be missing even if the building licence exists.
§ 4Compare with reality
Compare the licence with what stands. Measure the built area and the number of floors, look for extensions, and ask a surveyor to check. The cadastre and the registry should be compared too. A mismatch suggests that part of the building is not covered. If the building is on rural land, read rustic land explained to see how the rules differ from those on urbanised land.
§ 5The risks for the new owner
A new owner takes the property as it is, including its irregularities. Risks include orders to restore the legal position, fines, difficulty connecting utilities, difficulty selling later, refusal of a mortgage and limits on improvements. The ability of the town hall to act depends on rules that vary, and passing time can change the position, as discussed in more on legalising.
§ 6Protect yourself
Do not pay a deposit that you cannot recover before you have the town hall’s answer. Make the delivery of the licence or the legalisation a condition. Ask for a retention from the price. Have your lawyer record in the deed what the seller declared about the licences. And consider whether the price reflects the risk.
§ 7When the answer is unclear
If the town hall will not answer, or the answer is unclear, treat that as a risk and price it in or walk away. A decision based on a seller’s reassurance is a decision made without evidence.
§ 8More on this topic
Urbanisation problems explained explains unfinished developments and services and AFO status explained explains the out-of-planning status.
FAQRelated questions
Why would a seller have no licence?
Reasons range from a lost paper to an old building that predates licensing in the area, to works done without permission. The seller’s explanation is only a starting point. Ask the town hall to confirm what exists in its files.
Does the registry show whether a licence exists?
Not always. The registry may record a building because a deed and a certificate were presented, without proving that every licence is in place. Do not treat registration as proof. Check with the town hall and compare the description with the home.
Can a bank still lend?
Banks often refuse or restrict lending on a property whose status is unclear, so a purchase that depends on a mortgage can fail. Tell your lender early and ask what documents it needs, before you reserve.
Sources
- 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
- 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
Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.