 An Overview of Planning Licences in Spain
Planning licences are the administrative instruments whereby Town Councils control activities such as construction and land use to ensure that these activities are carried out in accordance with the applicable planning regulations in the municipality.
The rules regarding licences are established in local regulations, and are usually different in each Town Council. That said, there are basically four different types of licences.
Building or construction licence
Called ‘Licencia de obras de edificación’, the building licence is required for all types of construction, including construction work on existing buildings, and the demolition and construction of new buildings.
First occupation licence
Called ‘Licencia de primera ocupación’, the first occupation licence is required to ensure that all relevant licences have been obtained, and that a property has been built according to all the relevant regulations. In principle, this licence must be obtained before the building can be utilised or occupied, and is required to set up utility contracts.
For commercial premises, two other licences are required.
Activities and installations licence
Called ‘Licencia de actividades e instalaciones’, and commonly known as the ‘licencia de actividad’ (opening licence), the activities and installations licence is required for installations such as lifts, air conditioning units, smoke evacuation ducts, and industrial plans. It is also required for certain activities to be carried out within a building.
Operating licence
Called ‘Licencia de funcionamiento’ the operating licence is required for operating the installations covered by the ‘licencia de actividades’.
The Town Council must grant the planning licences described above when all legal requirements are satisfied. So, for example, the town hall can only refuse the construction licence if the specific construction project does not comply with the planning regulations in force in the municipality. Any refusal must expressly establish the reason why (i.e. in which specific aspect the project does not comply with the relevant planning regulations). In sum, the Town Council cannot discretionally grant or refuse planning licences.
Positive Administrative Silence Rule
Note that the Town Council must grant or refuse a construction licence and first occupation licence in 3 months, except when complementary information or corrections are required. If the Town Council does not respond within this deadline the licence is deemed granted under the ‘positive administrative silence’ rule in Spanish law.
However, this provision does not apply when:
1. The Town Hall’s decision cannot be granted due to the lack of any relevant documents yet to be produced by the applicant (e.g. an outline schedule of works, or ‘proyecto básico’).
2. The municipality’s decision is pendant upon authorisations by other administrative bodies.
3. Construction and land use are not carried out in accordance with the planning regulations.
© Mark Stucklin (Spanish Property Insight)
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