Note
Planning permission in Spain: the building licence
Quick answer
Planning in Spain is decided by the municipality within regional and national law. The plan and the land classification say what may be built, and a building licence or an equivalent authorisation is needed before work. Ask the town hall in writing, and do not start without it.
Applies toBuyers who need permission to build a new house, extend one or change its use.
On this page: 10 sections
§ 1Who decides
Planning and building permission in Spain are decided mostly by the municipality, within a framework set by regional law and by national law. The national land law divides land into rural and urbanised, and the municipal plan, within regional law, says what can be built where. This page belongs to the chapter in land and self-build in detail. We did not read the rules for any particular municipality.
§ 2The plan and the classification
The plan classifies each plot and sets conditions: use, height, floor area, distance to boundaries and services. A plot can be building land, rural land or protected land. The classification is the starting point, and you obtain it from the town hall. Ask for a written answer or a certificate, and ask your lawyer to read it.
§ 3The licence
Before building, you need municipal authorisation. The usual form is a building licence, issued on a technical project signed by a qualified professional. Some regions have replaced licences for certain works by a statement by the owner. Ask what your project needs, what documents to file, what fees apply and how long it normally takes.
§ 4Other approvals
Some plots need approval from other bodies. Rural land, land near the coast, land near roads or rivers, and protected areas have their own rules. The page on coastal law in the beachfront chapter explains the limits near the shore. Ask the town hall to list every body that must approve.
§ 5Before you buy
Make the purchase of a plot conditional on a favourable answer from the town hall, and keep the reply. An estate agent’s statement that a plot is buildable is not evidence. Building a house explained shows where permission falls in the sequence of a self-build.
§ 6During the works
Build to the permit. Changes to the project may need approval. The technician directing the work records progress, and the town hall may inspect. Work that departs from the permit can be stopped or sanctioned.
§ 7Completion
When the house is finished, you need the completion certificate and, where the municipality requires it, a final authorisation. These are needed for utilities and for the registry. How architect and builder works explains who prepares them.
§ 8Costs
Permits carry fees and local taxes, which vary by town. Include them in your budget, as build cost explained explains.
§ 9Appeals and delays
If the town hall refuses or delays, there are routes of appeal, with time limits. Ask your lawyer about them at once, because the clock starts when the decision is notified. Keep copies of every filing and every reply.
§ 10Documents to gather
Gather the registry extract, the cadastral map, the survey, the written classification and the plan rules. Your architect will ask for them, and having them ready saves weeks. Keep copies of everything the town hall sends back.
FAQRelated questions
Who gives planning permission?
The town hall decides most building permits, within regional and national rules. Some plots also need approval from a regional authority, for example for rural land, coast or heritage. Ask the town hall which bodies are involved.
What is the building licence?
The municipal authorisation to carry out a building project that meets the plan. Some places use a statement by the owner in place of a licence for certain works. The form and the name vary, so ask the town hall what your project needs.
How long does it take?
There is no standard time. It depends on the municipality, the complexity of the project and other bodies involved. Ask the town hall for its usual time, plan for delays, and do not buy time-sensitive land on a promise.
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
- Boletín Oficial del Estado: Ley 38/1999 de Ordenación de la Edificación (official source, opens in a new window), Articles 17 and 19; disposiciones adicionales primera y segundaLast checked 17 October 2026
- Boletín Oficial del Estado: Ley 22/1988 de Costas (BOE-A-1988-18762) (official source, opens in a new window), Arts. 7, 8, 12 to 15, 23 to 28 and 13 bis; text read to article 44, transitional provisions not readLast checked 18 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.