In Andalusia, small works that do not need a technical design, and refurbishments of buildings on urban land that do not change the plot coverage, height, buildable floor area or number of dwellings, are done with a responsible declaration (declaración responsable) under article 138 of Andalusia's planning act, the LISTA. New builds, extensions, pools, plot subdivisions (segregaciones), horizontal divisions (divisiones horizontales) and changes that increase the number of dwellings need a building licence (licencia de obra) under article 137. The town hall has three months to decide on a licence from the moment the documentation is complete.
Common examples
| Works | Usual procedure |
|---|---|
| Replacing floors, wall tiles or the kitchen without touching the layout | Responsible declaration (or a by-law that exempts it) |
| Interior refurbishment of a flat on urban land with no increase in floor area | Responsible declaration with a technical report |
| Solar panels or energy improvements on a house on rural land (suelo rústico) that complies with planning | Responsible declaration |
| Extension, new storey, enclosed porch | Licence with a technical design |
| New house or modular house | Licence with a technical design |
| Pool | Licence |
| Commercial premises to dwelling | Licence (it increases the number of dwellings) |
| Horizontal division or plot subdivision | Licence |
Each town hall specifies these cases in its by-laws. We confirm it for you in the first consultation.
Timescales
With a responsible declaration you can start as soon as you file it, although the town hall will check it afterwards. A licence is decided within a maximum of three months from the moment the documentation is complete; if there is no reply, it is deemed granted (approval by silence), unless what was requested goes against the regulations (article 140).
Frequently asked questions
Can I start the works once I've filed the responsible declaration?
Yes, from the moment you file it with the complete documentation. If something does not fit, the town hall can ask you to correct it or stop the works.
Who signs the technical report?
A qualified professional: an architect or a technical architect (arquitecto técnico), depending on the works.
Sources
This guide is for information; every case needs a check of the local rules.