If the works comply with the local plan, they are legalised with a licence and you pay for the technical documentation (€350 to €3,000 in Almería), the municipal licence fee and the construction tax (ICIO). In Roquetas de Mar, the fee is 0.25% and the ICIO 3% of the cost of the works. There may be a fine from €3,000, which is reduced by 75% if the works can be legalised. If they do not comply with the plan, were finished more than six years ago and are not in a zone with no time limit, the route is the AFO (asimilado a fuera de ordenación).
Legalise or apply for an AFO: which route applies to you
Andalusia's planning act, Ley 7/2021 (LISTA), gives two options for works carried out without a licence. If they comply with the planning rules, they are legalised by applying for the missing title, normally a licence (article 151). If they do not, the town hall orders measures to bring them into line, which can go as far as demolition.
The town hall has six years from the full completion of the works to act (article 153.1). After that period, works that do not comply can apply for the declaration of asimilado a fuera de ordenación (AFO). It lets you use the building, but it does not legalise it (articles 173 and 174).
- It complies with the plan: legalisation licence. You can apply for it at any time, even after the six years have passed (article 152.8).
- It does not comply and six years have passed: AFO. We explain it in the step-by-step AFO guide.
- It does not comply and is in a zone with no time limit: public land, rural land (suelo rústico) with proven risks or in the coastal influence zone, among others. The AFO is not available there and the town hall can act at any time (article 153.2).
Items and indicative ranges
| Item | Indicative range | What it depends on |
|---|---|---|
| Technical legalisation documentation (drawings, report, certificate) | €350 to €3,000 (published prices in Almería) | Size of the works and whether a full design is needed |
| Municipal fee for the planning licence | 0.25% of the budget, minimum €55 (Roquetas de Mar) | Each town hall's tax ordinance (ordenanza fiscal) |
| Construction tax (ICIO) | 3% of the real cost of the works (Roquetas de Mar) | Tax ordinance; surcharges and late-payment interest may apply |
| Fine for a serious offence | €3,000 to €29,999; if the value of the works is higher, up to 75% of that value | Reduced by 75% if the works can be legalised |
| Remedial works | Variable | Whatever the town hall requires for the works to comply |
| AFO documentation (if the works cannot be legalised) | €988 to €3,789, average €1,739 (Andalusia, excluding municipal fees) | Floor area, ancillary buildings and evidence of age |
These figures are indicative. Example: legalising an enclosed porch valued at €20,000 in Roquetas means €600 of ICIO. The fee would come to €50, which is below the minimum, so you pay €55.
In Roquetas de Mar, the ICIO ordinance adds the surcharges and late-payment interest that apply when unauthorised works are legalised (article 10.2). Each municipality in the Poniente (western Almería) has its own ordinance.
Fines: when they apply and how they are reduced
Carrying out works without the necessary licence is a serious offence, whether or not they can be legalised (article 161.3.a of the LISTA). The fine runs from €3,000 to €29,999, and can reach 75% of the value of the works when that value is higher (article 162).
Article 172 provides for these reductions:
- 75% if the works can be legalised because they comply with the planning rules.
- 20% if you pay or acknowledge your responsibility before the decision and give up your right to appeal against the penalty through the administrative route.
- A further 50% if both proceedings are brought against you, you acknowledge your responsibility and you comply within the deadline with whatever the town hall orders. Outside the deadline, and before the town hall acts, the reduction is 25%.
Serious offences become time-barred after four years (article 169), which means they can no longer be penalised. For older works there may no longer be a fine, so it is worth checking the dates before submitting anything.
Timescales
- Technical documentation: a legalisation design usually takes 3 to 6 weeks.
- Licence: the town hall has three months from when the documentation is complete (article 140). For new-build works, if it does not reply, the application is taken as refused (article 11.4 of the Texto Refundido de la Ley de Suelo y Rehabilitación Urbana, the national land and urban regeneration act).
- If the town hall serves a notice on you: you have two months to apply for legalisation, and meanwhile the procedure to restore legality is suspended (article 152.6). That procedure must be resolved within one year (article 152.2).
- AFO: the town hall has six months to decide. If it does not reply, the application is taken as rejected (article 173).
If the house is going to be used as a home, you then also need the responsible declaration of occupancy (declaración responsable de ocupación). We cover it in the guide on the habitation certificate (cédula de habitabilidad) in Andalusia.
What it costs with us
At Poniente Arquitectura we prepare the documentation to legalise works without a licence from €1,200 + VAT, with a fixed written quote within 24 hours. If the works cannot be legalised and the time limit has already passed, we process the AFO declaration from €1,500 + VAT.
The first step is to check the local plan and the dates of the works. The route, and almost all of the cost, depend on that.
Frequently asked questions
Can I legalise a house that is more than six years old?
Yes, if it complies with the local plan. Legalisation can be requested at any time, even after the six-year period has passed (article 152.8 of the LISTA). If it does not comply, the AFO is the route.
Can I be fined if I apply for legalisation?
The offence exists from the moment the works were carried out without a licence, and it is serious. It becomes time-barred after four years; before then there may be a fine, reduced by 75% if the works can be legalised.
How long does the whole process take?
The technical documentation takes 3 to 6 weeks and the town hall has three months to decide the licence. If the route is the AFO, the decision period is six months.
How much construction tax (ICIO) do I pay on a legalisation?
The same as for any licence, calculated on the real cost of the works: in Roquetas de Mar, 3%. Its ordinance adds surcharges and late-payment interest when the works were carried out without a licence.
Sources
- Ley 7/2021 (LISTA), consolidated text in the BOE
- LISTA, article 152: procedure to restore legality (Iberley)
- LISTA, article 161: types of offence (Iberley)
- LISTA, article 162: fines (Iberley)
- LISTA, article 169: limitation periods (Iberley)
- LISTA, article 172: reduction of penalties (Iberley)
- Texto Refundido de la Ley de Suelo y Rehabilitación Urbana, article 11.4 (BOE)
- Roquetas de Mar tax ordinance on the ICIO
- Roquetas de Mar tax ordinance on fees for planning licences
- Certicalia: prices to legalise works without a licence in Almería
- Tu Licencia de Apertura: price of an AFO in Andalusia
This guide is for information; every case needs a check of the local rules.