The “Building License”, or “Building Permit”, or “Construction License” (Licencia de Construcción, o Licencia de Edificación, o Licencia de Obra Mayor).
As we pointed before If you find a plot in one of these areas, a rustic land, or “suelo no urbanizable, and you have the aim to build there a determinate construction or project, you should first check with the legal authority (mainly the Town Hall or Council = “Ayuntamiento”).
For example: You can find a determinate land and you wish to build there a determinate construction. What you have to do is to pass your idea of the building to a project and then present it to the “Ayuntamiento”. Then, they will study the regulations and limitations of the area, and then they will approve your project, with the proper Building License, or Building Permit, or they will refuse it, asking to modify the project (for example, asking you to reduce the floors from three to two spaces.,).
WATER AND ELECTRICITY SUPPLY:
As explained, the water and electricity supply, and the sewage service, are items that are guaranteed to citizens who lives in urban areas “suelo urbano”. But in rustic land is out of urban areas, and frequently out of the main points of connection to water and electricity.
In fact, the Town Hall has not any obligation to supply main water and electricity in rustic land. Only in urban. So it is very important to study carefully the possibilities to get water and electricity in the plot.
For example: If there is main water and electricity supply near the land, and it can be connected then, there is not any problem.
But sometimes it happens that the closest of the electricity or water connection is far away, and for being connected to you need to pay the expenses to bring the supplied to the property. So you must have this into account from the beginning, before to take any decision.
Of course, there is always possible to get water from an internal deposit tank and of the typical Spanish “POZOS” = WELLS, and the electricity from solar pannels, or eolic ” wind power”.
Also sometimes, the land used to have irrigation water, as it is for agricultural purposes, which duly filtered, can be use to waste water.
So, We advice that before to BUY the plot, or to make any decision over the transaction, bear in mind to have a PRELIMINAR MEETING with the architects or the construction technical staff from the Building Department (Departamento o Concejalía de Urbanismo) from the Town Hall. This will make more secure the investment, because after all you will have a concrete idea and acknowledge about the conditions and limitations to build in that plot, before to proceed to buy the land. It is more than recommendable that this meeting is done together with a Solicitor expert in construction and if it is possible, with the architect who will develop the project and the construction. You need to instruct your architect and your Spanish Solicitor to inspect the Plan General de Ordenación Urbana (PGOU) – named the Town Plan.
In this meeting you will discover what other developments are planned for the area, for example a new roads, highways, train line, an industrial state zone, a commercial area, or even an urbanization. Maybe you can build a construction in the land you are looking for, it is very important that the land is not affected to any future developments, or that in the area there is projected to develop a commercial, or industrial state, etc.
This information can be obtained in writing, with a certification obtained by the Town Hall confirming the exact possibilities and regulations to build on it, it is called “CÉDULA URBANÍSTICA”.
Once you know exactly the type of building authorized to be built in that land, and you are happy with it , then you must contract the services of an architect to develop the PROJECT OF CONSTRUCTION, or BUILDING PROJECT.
In the building project, your Spanish architect, must adapt your needing and preferences from the type of building you choose to the specific regulations of the Town Hall in that area. So, your architect will guide you through in this process, informing you about the different possibilities to transform your “ideal house” in a construction fulfilling the regulations of the area. The most important thing is to have every detail specified. If you care a lot about door hardware, know exactly what you want. Have your architect go through the plans in as much detail as you can stand. Try to visualize what the views from different windows will be, and what size beds the guestrooms can handle.
Try to furnish and live in the house while it’s still on paper. You may not be on-site to catch things that could annoy you for years to come, like a window that’s off centre in a bedroom, or skylights that aren’t exactly above where the bathroom sinks will be.
Once the project is complete, then your Architect must be present to the Building project to your Town Hall in the Building Department (“Departamento de Urbanismo” or “Concejalía de Urbanismo”). With the application of the Building License, you have to pay an extra municipal tax, Impuesto sobre Construcciones, Instalaciones y Obras, which is applicable to all developments which need a building license (whether one is applied for / granted or not). This tax can vary from 2% to 4% of the cost of the construction, depending on the Town Hall of your area.
Then, they will study how suitable is your project to the specific conditions or limitations in the area. If your project of construction is OK, and fulfills with the regulations and requirements to build on in that area, then they will authorize you to build there with the proper “Building License” or “Building Permit”, so you will be entitled to build there exactly the same property as presented to the Town Hall with the project.