Getting Planning Permission in Spain
Below is a MRR and PLR article in category Finance -> subcategory Real Estate.

Getting Planning Permission in Spain
Building Your Dream Home in Spain: What You Need to Know
Summary:
After navigating the complexities of buying off-plan, you might be ready for your next challenge: purchasing land and designing your dream home. However, securing planning permission in Spain can be a complex process.Navigating Regional Regulations
In Spain, each regional government has its own rules for new developments. Recent changes have taken place in areas like Valencia and Andalucia, affecting how planning permissions are handled.
- Valencia: The controversial Land-Grab Law has been overturned, much to the relief of many homeowners, including numerous expats.
- Andalucia: With a growing interest from foreigners in buying land, the Andalusian government is urging town halls to be more stringent with planning permissions. This can lead to delays, frustrating eager builders.
Can You Build Anywhere?
Unfortunately, no. Before purchasing any land, ensure it qualifies for a building permit. Lands classified as "finca rĂºstica" are designated as agricultural or rustic and fall into categories of Protected, Restricted, or Building land.
- When permitted to build on rustic land, specific conditions must be met. It's crucial to consult with a Spanish-speaking solicitor to determine the exact status of the land and obtain written confirmation if construction is possible.
Who Grants Planning Permission?
Local municipal town halls are responsible for granting planning permissions. The difficulty and ease vary by region.
What Do You Need?
Once you've secured a plot eligible for a building permit and have the deeds (escritura), you need to:
1. Hire a reputable local architect to draft your home's plans.
2. Submit these plans, along with your application and fee, to the town hall, ideally with the assistance of a local solicitor.
What Are the Costs and Timeframes?
Planning permission typically costs 4-5% of the estimated construction expenses. The process can take anywhere from three to six months if you're fortunate.
Is It Challenging?
Fifteen years ago, the process was more straightforward, but today, governments aim to control development rates, making permissions harder to obtain. Each town hall operates differently, and it's essential to research possible loopholes or strategies. Some people even register as almond farmers to acquire permission to build on finca rĂºstica, which requires land use for agriculture.
In conclusion, getting planning permission in Spain involves navigating a complex system with regional variations. Proper preparation and understanding of local regulations can make your dream home a reality.
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