A prefabricated, modular or mobile home (mobil-home) needs the same building licence (licencia de obra) as a house built on site (article 137 of the LISTA, Andalusia's planning act, Ley 7/2021). The law also obliges whoever sells or installs it to require the licence or the responsible declaration (declaración responsable) from you before installing, selling or renting it (article 137.4). On rural land (suelo rústico), an isolated house also needs prior authorisation and a compensatory levy of 15%. The design to obtain the licence costs from €2,200 + VAT.
The same licence as a house built on site
The LISTA makes works, constructions, buildings and installations subject to a licence (article 137.1). Article 137.4 refers to prefabricated buildings that can be used as homes whose installation is subject to a licence or a responsible declaration.
That paragraph sets an obligation for whoever sells or installs them. They must require proof of the licence, or of the responsible declaration having been submitted, before installing, selling, renting or handing over the use of the building. And they must keep a copy for six years from the date of the legal act.
The national building act (Ley de Ordenación de la Edificación) exempts from a design only simple, small-scale constructions. They cannot have a residential or public character, whether occasional or permanent, and must be on a single floor (article 2.2.a). A home falls outside that exemption, even if it is temporary.
Mobile homes follow the same rule. The Supreme Court treats them as prefabricated houses and not as trailers, and requires planning authorisation (judgment of 5 December 2024, appeal 7459/2022).
If the seller tells you that, because it is mobile or removable, it does not need a licence, ask them to put that in writing. The law obliges them to ask you for yours.
What land you can put it on
| Urban land | Rural land | |
|---|---|---|
| Procedure | Licence with a technical design | Prior authorisation from the town hall and then the licence |
| Conditions | Those of the local plan (PGOU): plot, plot coverage, height and setbacks, as for any home | An isolated single-family house that does not encourage new settlements (article 22) |
| Town hall time limit | Three months from the complete documentation (article 140) | Public consultation of at least one month, and six months to decide, with refusal by silence (article 22) |
| Extra cost | Municipal fee and ICIO | Compensatory levy (prestación compensatoria) of 15% of the construction budget, on top of the fee and ICIO |
If the house is needed for an agricultural, livestock or forestry holding, it is an ordinary action under article 21 and goes by licence, without prior authorisation. The applicant must justify the need and the economic viability of the holding (article 29 of the LISTA Regulation).
On rural land the procedure is long and worth understanding before you buy the house. The guide on building a house on rural land explains it in full.
What design is needed
The town hall asks for a technical design, as for a house built on site. It must show compliance with the Código Técnico de la Edificación (CTE, the national building code). The CTE applies to new building works, except certain simple constructions that are neither residential nor public (article 2.2 of its Part I).
- Manufacturer's documentation: drawings, structure and installations of the house. It describes the house, not your plot.
- Foundations: the ones your ground needs to take the modules. They are worked out in the design.
- Utility connections: water, electricity and drainage, from the mains to the house.
- Plot: access and site works on the part that is not built on.
When the works are finished, you submit the responsible declaration of occupancy with the final works certificate (article 138.1.d and 138.3 of the LISTA). This is the procedure that allows you to occupy the house.
Timescales
| Stage | Time |
|---|---|
| Feasibility check of the plot | 1 week |
| Design | 3 to 5 weeks |
| Licence on urban land | Up to 3 months from the complete documentation. The law provides for approval by silence, except in the cases covered by state legislation, and never against the plan |
| Prior authorisation on rural land | Up to 6 months, with refusal by silence, plus one month of public consultation |
| Manufacture and assembly | 4 to 5 months, according to a price portal. Ask the manufacturer for the timescale in writing |
Start with the plot and the design, not with the house. The law obliges the seller to require your licence or responsible declaration before selling or installing the house (article 137.4), so the paperwork comes first.
What it costs
| Item | Indicative cost |
|---|---|
| Design and licence for a modular house | From €2,200 + VAT, up to about €5,000 depending on whether the manufacturer provides the technical documentation. It includes adapting the documentation, the foundations and the utility connections |
| Feasibility report before buying the plot | From €250 + VAT |
| Municipal fee and ICIO | According to each town hall's tax ordinance. The ICIO (municipal construction tax) has a maximum of 4% of the real cost of the works |
| Compensatory levy (rural land only) | 15% of the construction budget |
| Geotechnical study | Not included in the design |
| The house itself | A price portal puts it from about €700 per m², in a range of €550 to €1,800 per m², excluding the plot, foundations and licences. It does not say whether it includes VAT |
These figures are indicative. At Poniente Arquitectura we check the plot before you pay for the house. We do the modular house design from €2,200 + VAT, with a fixed quote in writing within 24 hours.
Frequently asked questions
Does a prefabricated house need a licence in Andalusia?
Yes. For the town hall it is a home like any other. It needs a licence (article 137 of the LISTA) and has to meet the same conditions on plot, height and setbacks.
Does a mobile home on wheels need a licence?
Yes. The Supreme Court treats it as a prefabricated house and not as a trailer, and requires planning authorisation (judgment of 5 December 2024).
Does the manufacturer or the seller deal with the licence?
The law obliges them to require your licence or responsible declaration before installing, selling or renting the house (article 137.4), not to apply for it for you. The licence depends on your plot.
Can I put a modular house on rural land?
Only with prior authorisation from the town hall, public consultation of at least one month, six months to decide with refusal by silence, and a compensatory levy of 15%.
How much does the design for a modular house cost?
From €2,200 + VAT with us, and up to about €5,000 depending on whether the manufacturer provides the technical documentation. The municipal fee, the ICIO and the geotechnical study are extra.
Sources
- Ley 7/2021 (LISTA), consolidated text in the BOE
- LISTA, article 21: ordinary actions on rural land (Iberley)
- LISTA, article 22: extraordinary actions on rural land (Iberley)
- LISTA, article 137: acts subject to licence and prefabricated buildings (Iberley)
- LISTA, article 138: responsible declaration (Iberley)
- LISTA, article 140: time limit and silence for licences (Iberley)
- LISTA Regulation, article 29: residential buildings for ordinary uses (Iberley)
- LISTA Regulation, article 35: compensatory levy (Iberley)
- Ley 38/1999 on building regulation (Ley de Ordenación de la Edificación), consolidated text in the BOE
- Código Técnico de la Edificación (national building code), Part I (Real Decreto 314/2006, BOE)
- Supreme Court judgment of 5 December 2024 on mobile homes (Civil-Mercantil)
- Administrativando: licence to install a mobile home
- Habitissimo: price and timescale of a modular house (updated 10 June 2026)
- Consolidated text of the Ley Reguladora de las Haciendas Locales (local finance act), articles 100 and 102: ICIO (fiscal-impuestos.com)
This guide is for information; every case needs a check of the local rules.