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Building & Construction in Spain -
Regulations - Permissions |
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Regulations for
Building in Spain |
It is not the intention
to go into great detail on the subject
of building rules and regulations,
however, as a general guide you will
find outlined below a summary of the
main factors to consider when selecting
a building plot, be aware that many
regulations are unique to certain Town
Halls, and many Town Halls interpret the
rules in differing ways.
Building land tends to fall into two
distinct categories namely urban land
and rustic land, generally speaking
urban land is found in the areas
surrounding the town, whilst rustic land
is found in the countryside, usually
some distance away from the town.
Urban Land
Designated approved building /
development land and described as such
on the government approved General Plan
of the area. This plan, which is revised
periodically, is a public document and
can be viewed freely by anyone who cares
to enquire at the appropriate department
in the local Town Hall, because this
type of land has been already approved
for building, outline planning
permission is not necessary and the
building project process can begin
almost immediately.
Plot Sizes
Building plots range in size from 600m2
to 2,000m2 depending on the conditions
applied to the urbanization plan (Plan
Parcial). Usually urbanizations
comprising individual houses are made up
of plots of 800-1000m2.
Area Occupancy
The maximum size of the property to be
built is governed by another set of
rules, again this varies from Town Hall
to Town Hall. As a general rule, the
building may not occupy more than 20% to
30% of the area of the building plot.
EG. A building plot of 1,000m2 with an
area occupancy restriction of 25% would
allow a building to have a ground floor
of 250m2.
Total Construction
Another regulation to be considered is
the total construction factor, this
governs the maximum number of square
metres in total allowed to be built on
the plot. This factor again usually
ranges from around 20% to 30% per m2.
Therefore if we take the example above,
given an: Area Occupancy restriction of
25% and a Total Construction factor of
0.3 and a plot size of 1,000 m2. The
Maximum ground floor occupancy is 1000 x
0.25 = 250m2 - The Maximum overall
construction is 1000 x 0.3= 300m2.
This would allow a house with a large
ground floor area of 250m2 plus a small
upstairs of 50m2 (Total constructed area
300m2.) Or alternatively and possibly a
more practical arrangement might be two
floors of 150m2 each. (Total constructed
area 300m2.)
It should be noted that these are the
maximum areas of occupancy and
construction however they exclude a
cellar, ( which may be the same area as
the ground floor ) terracing, porches
and a swimming pool.
There are other rules governing the
maximum height of the building, usually
between 6 and 7 metres, and the distance
from the boundary usually between 3 and
7 metres. Rules also restrict the height
of solid boundary walls typically 1 to
1.80 metres.
Sometimes the ascetic appearance of the
building is restricted, but generally
speaking unless an outrageous design is
planned this usually does not present a
planning problem.
Rules and Regulations:
Rustic Building Land.
Rustic Land (Suello no urbanizable)
Land falling into this category is also
outlined on the General Plan, as already
mentioned rustic land is largely found
in the countryside, usually some
distance from the local town in whose
area it belongs.
Unlike urban land, where the rules are
laid down by the local town hall, it is
the regional government who makes the
rules regarding the minimum size of the
building plot in rustic areas. In this
case the authority comes from Valencia
and the law requires a minimum area of
10,000 m2. ( Since June 2004 this
minimum in MURCIA is now 20.000 m2 so it
is VITAL to check the regulations
carefully in whatever area you are
considering ) however, rustic land may
be sub categorised into three distinct
types namely Protected, Restricted or
Building land. It does not always follow
therefore that because the plot is
10,000m2 or greater that it will be
possible to build. These categories are
shown on the General Plan available in
the local town hall and should be
checked before any agreement to purchase
is made.
Rustic land tends to be much cheaper per
m2 than Urban land, the problem is you
need to buy many more square metres in
order to have a plot large enough to
build.
Area Occupancy.
This is always fixed at 2% of the plot
size:
EG on a plot of 10,000m2 it is possible
to build the ground floor to a maximum
of 200m2
Total Construction: This is always fixed
at 4% of the plot size.
On a plot of 10,000m2 it is possible to
build two floors each of 200m2 making a
total constructed area of 400m2.
It should be noted that these are the
maximum areas of occupancy and
construction however they exclude a
cellar, ( which may be the same area as
the ground floor ) terracing, porches /
pergolas and a swimming pool.
There are other rules governing the
maximum height of the building. Rustic
houses are restricted to two floors.
Rules vary as to the height of sold
boundary walls typically 1 to 1.80
metres.
Ascetic Appearance
As you might expect, in order to
maintain a traditional country house
effect, properties built in rustic land
should be designed to fit in with the
country style. Such houses are commonly
known as Finca's. and are often clad in
natural stone. Rules regarding ascetics
are laid down by the Town Hall and
therefore vary from area to area.
Benissa Town Hall for example has
particularly stringent rules concerning
the direction of the roof-line, types of
windows, number and dimensions of
arches, etc etc. Other towns have less
rigid restrictions.
Existing Buildings in Rustic areas.
It is quite common practice these days
for people invest in an old run-down
finca, barn or even a total ruin with a
view to restoring it to a habitable
dwelling.
Sometimes an insignificant heap of
stones can be interpretted as being an
existing building by some town halls!
These buildings are usually found in
rustic areas, but do not necessarily
have the minimum 10,000m2 of land
required for a new construction. This
can be quite an attractive option, since
such a large area of land can require a
good deal of maintenance in order to
keep tidy.
The General rules are:
The ascetic appearance must always be
maintained; for example if the existing
building is built of stone then the
restoration must be the same. Large PVC
patio doors and other modern fittings
visible from the exterior are not
allowed. Permission would almost
certainly be refused for the addition of
such features as circular towers or
turrets.
Extension to or expansion of the
existing building is limited to a
maximum total constructed area of 2% on
each floor. Therefore an existing ruin
with a constructed area of 120m2 on a
plot of 3000 m2 could not be extended
since it is already at the maximum
permitted occupation.
EG plot size 3,000m2 x .2 = 60m2 per
floor. Maximum two floors = 120m2 (Total
constructed area.) and finally ALWAYS
check with the town hall and your
Abogado BEFORE purchasing. |
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