Which renovation works need a permit (licencia de obras)?

Terms used

• Licencia de obras — The licencia de obras is a works licence: council permission you must have before starting larger works.
• Declaración responsable — The declaración responsable is a sworn statement filed with the council that lets you start minor or medium works right away.
• Comunicación previa — The comunicación previa is a simple notice to the council about very minor works or a change of owner.
• ICIO — The ICIO is the construction tax, charged by the town hall on the budget of your works.

Key rules

• Licencia: Wait for the council's approval before starting structural, facade, change-of-use or protected-building works.
• Declaración responsable: For most interior refits you file first and can start straight away, but the council can inspect later.
• Local lists: Each town hall defines minor and major works, so confirm your route with the licensing office.
• Costs: You pay a city fee plus the construction tax (ICIO), both based on your works budget.

Exact lists of works and fee rates differ by city and change yearly, so confirm both with your town hall's licensing office before you start.

Which route do your works need?

Most home refits need a declaración responsable. Big works need a licencia de obras. The lightest jobs may only need a comunicación previa. The size and effect of the work decide the route: structure, facade, use and heritage protection matter most.

• Licencia de obras: prior authorisation. You cannot start until the council grants it.
• Declaración responsable: a sworn statement with documents, filed with the council. You can start on filing, and the council may inspect later.
• Comunicación previa: a simple notice to the council for very minor works, or for information, such as a change of owner.

The comparison below sets the three side by side.

Minor and major works

Major works change the structure, the facade, the building's volume or layout, or its use. Works on protected buildings are also major. These need a licencia.

Minor and medium works leave structure, facade and use alone. These usually go by declaración responsable.

Each town hall defines for itself where "minor" ends and "major" begins. Ask its licensing office how it classifies your job.

Common works in Madrid, Barcelona, Valencia and Málaga

• Bathroom, kitchen, flooring, tiling: generally a declaración responsable, or a simpler notice for the lightest work.
• Building or moving partitions: usually a declaración responsable, if structure and use do not change.
• Replacing windows: often a declaración responsable. A change to the facade, or work in a protected building, needs a licencia.
• Structural work, a layout change that affects the structure, or a change of use: licencia.

Confirm the exact route with the city council before you start.

Do you need an architect?

A project signed by a technician is required for new buildings, structural changes, changes to volume, layout or outside appearance, changes of use, and works on protected buildings.

Interior work that leaves structure, facade and use alone normally needs no project. This covers tiling, painting, replacing fittings, and redoing a bathroom or kitchen.

Many councils ask for a short technical certificate (memoria) for medium works. Some ask for a full project if the layout of installations changes. Ask an architect or the town hall about your case.

What each route costs

Each city sets its own fees (tasas) in its tax ordinance. This applies in Madrid, Barcelona, Valencia and Málaga. On top of the fee you pay the construction tax (ICIO), which is charged on the budget of the works.

Fees usually follow a formula based on the declared budget. The rate differs between a declaración responsable and a licencia, and some cities set a minimum fee. Rates are revised every year.

To find your figure, read the formula in your city's fiscal ordinance. Then ask the licensing office for the current rate on your budget.

Choosing between options

Which permit route fits your works?

• Licencia de obras: Your works change the structure, the facade or the use, or the building is protected. You must wait for the council's approval before starting.

• Declaración responsable: Your works are minor or medium and leave the structure alone, such as a bathroom, kitchen or flooring refit. You file a sworn statement with documents and can start on filing, with inspection later.

• Comunicación previa: Your works are very light, or you only need to inform the council of something such as a change of owner. You send a simple notice.

The bigger the effect on structure, facade, use or heritage protection, the stricter the route; the regional or municipal list has the final say.

Licence, responsible declaration and prior notice compared

Which route is which

A declaración responsable lets you start works the day you file it. A licencia de obras makes you wait for the council's approval. A comunicación previa is only a notice. The work decides the route, not your preference.

Wait: the official deadline is not the real wait

In Madrid, Barcelona, Valencia and Málaga, licences often take longer than the legal deadline, especially for major works. Waits change with the year and the council's backlog, so ask the city's licensing office for the current time before you plan a contractor's start date.

Cost: each city sets its own

Each city sets its fees in a yearly tax ordinance. They usually follow a formula based on the budget you declare. The rate is different for a declaración and a licencia, and some cities set a minimum fee. The ICIO is charged on top, on the works budget. Look up the current rates in your city's fiscal ordinance or ask its licensing office.

Risk: what goes wrong on each route

• Declaración responsable: you carry the risk. If the works do not meet planning rules, the council can stop them, order them reversed or demolished, and fine you. Only works on the local or regional list qualify.
• Licencia: the risk is delay. Do not start before it is granted.
• Silence from the council: do not treat it as approval. A licence can never be won by silence if the works break planning rules. Where regional rules treat silence as a yes for minor works, the council can still revise the licence later and order demolition. If the council is late, you can ask for a certificate of silence.

How to choose

1. Ask your city council which route your exact works need. The lists differ by region and by city.
2. Expect a licence if the works touch the structure, the facade or the use of the property, or if the building is protected.
3. Check for other permits you may need first, such as for a skip or for heritage.

Getting a works permit step by step

From choosing the route to starting works

• Check the property's planning status and whether its use allows your works: Before you start

• Ask the town hall's urban planning office to classify the works: major licence, minor licence, or declaración responsable (sworn statement) or comunicación previa (simple notice): Before you hire anyone or buy materials

• Hire an architect or technician if a project is needed (structure, facade, layout or use changes, protected buildings), and get the community of owners' consent for common elements: Before you prepare the file

• Gather the documents: form, ID, proof of ownership or owner's authorisation, budget with measurements, photos or plans, and a waste plan. Major works add the signed technical project, a health and safety study and the appointment of the technician and builder: Before filing

• Pay the works tax (ICIO) and the town hall fee, often by self-assessment: When you file

• File the application at the town hall, usually online or at the registry: After the documents and payments are ready

• Answer any request to fix the file: Within 10 working days of the request

• Wait for the licence. Minor licences typically take one to three months and major ones longer, and real waits can be longer still. With a declaración responsable you can start works on filing: After filing

• Get separate permits for a skip, scaffolding or street occupation: Before the works start

• Start works, display the licence if required, and notify the start of major works: Once the licence is granted or the declaración is filed

• File the completion certificate and, where it applies, ask for first occupancy or a licence of use: When the works finish

• If the licence is denied, ask for a review from the same body (recurso de reposición) or appeal to a superior body, each within one month, or go to court within two months of notification. You can also correct the design and file again: Within one month of the refusal for a review; within two months for court

• If the town hall never answers, you can go to court. Ask for a certificate of silence first: Generally within six months of the date silence takes effect

Documents you need

• Technical project signed by a competent technician (architect or similar), needed for new buildings, structural changes, changes to volume, layout or exterior appearance, changes of use and works on protected buildings.

• Simple technical certificate or memoria from a technician, which many councils ask for on medium works that need no full project.

• Sworn statement (declaración responsable) filed with the council, for minor or medium works that do not affect the structure.

Checklist

• Find out whether your work touches the structure, facade, use or a protected building: if so, plan on a licencia de obras.

• Plan on a declaración responsable for interior refits such as bathroom, kitchen, flooring, tiling and partitions that leave structure and use unchanged.

• Ask the council whether the lightest jobs only need a comunicación previa, a simple notice.

• Ask your town hall's licensing office how it classifies minor and major works, as each municipality defines them.

• Ask an architect whether your work needs a signed project or only a technical certificate.

• Confirm the construction tax (ICIO) due on top of the fee, as set out in the tax article.

Frequently asked questions

Do I need an architect to redo my bathroom or kitchen?

No, redoing a bathroom or kitchen normally needs no architect's project if it does not touch the structure, facade or use. Some councils ask for a simple technical certificate for medium works. A project is also required if the layout of installations changes in some councils.

Can I replace my windows without a licence?

Often yes, replacing windows is usually done with a declaración responsable, which is a sworn statement you file with the council. If the change alters the facade or the building is protected, you need a full licence instead.

How are permit fees calculated in Madrid, Barcelona, Valencia and Málaga?

Each city sets its permit fees in its own tax ordinance, usually as a formula based on the declared budget of the works. The rate differs for a declaración responsable and a licencia, and some cities apply a minimum fee. Rates are revised every year, so ask the licensing office for the current figure.

Can I move or build a partition wall with just a declaración responsable?

Yes, moving or building partitions is usually a declaración responsable as long as the structure and the use of the home do not change. If the redistribution affects the structure, you need a licence.