What to do with unlicensed constructions, missing permits or old buildings without occupancy certificates?
In Spain, many properties have been built or modified without proper authorisation – these are commonly referred to as unauthorised constructions or unlicensed extensions. Foreign owners in particular often wonder how to legalise a property in Spain in order to ensure legal use, obtain permits or enable a future sale. In this article, we explain the steps to legalisation, what requirements must be met, and what owners should expect.
What is considered an “illegal” building?
A property is considered illegal or unlicensed if:
- It was built without a valid building licence (licencia de obras).
- It was extended or altered without permission or notification.
- It lacks an occupancy certificate (cédula de habitabilidad).
- It is not correctly registered in the cadastre or land registry.
What are the risks?
Owning an unlicensed property can lead to serious consequences:
- No legal right to use the property as a residence
- Difficulties when selling or inheriting the property
- Insurance companies may reject claims
- Municipal fines or even demolition orders
How does the legalisation process work?
1. Technical assessment by an architect
An architect carries out a report confirming the building’s condition and compliance with local regulations.
2. Legalisation application to the municipality
If the building can be legalised, an application is submitted to the local planning authority. Success depends on urban planning rules and whether the property is subject to any limitations or time-barred.
3. Updating the cadastre and land registry
Once approved, the building is officially registered. This step is essential for sales or inheritance.
4. Obtaining an occupancy certificate
The occupancy certificate is required to connect utilities or rent out the property.
When is legalisation not possible?
Legalisation may be impossible if:
- The property is in a protected area or nature reserve.
- There is already an active demolition order.
- The property was built recently and is not time-barred.
What are the typical costs?
Costs vary by region, size, and the property’s condition. Generally, they include:
- Architect’s report: from €500
- Municipal fees and taxes
- Notary and land registry fees
- Potential fines or compensatory payments
Conclusion: Legal clarity for your property
Legalising your property in Spain is often worthwhile and possible – especially for older buildings. It secures your rights, prevents future issues and enhances the property’s value. We can assist you throughout the process – professionally, discreetly, and in your language.
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