Wells (pozos), water rights and legal rural water in Spain

Key rules

• Small wells: A landowner can take up to 7,000 m3 per year from a well on their own land without a concession, but must register it.
• Water testing: Test well water at an accredited lab before drinking it, at least once a year and after floods.
• Unregistered wells: An unregistered well risks fines and closure, and gives no protection of the water right.
• Restrictions: In drought or overexploited aquifers, even small wells can be limited.

When a well is usable for a home

A well works as a home water supply only if it meets four tests: it is legally registered or authorised by the basin authority, it stays within its volume limit, it gives enough water, and the water is safe to drink. If one fails, do not rely on it.

The basin authority is the "confederación hidrográfica", or the regional water agency in regions with their own basins, such as Catalonia, Andalusia, Galicia, the Balearics and the Canaries. Procedures and forms differ by basin, so ask its electronic office.

Is it legal?

Groundwater is public. Using it normally needs a concesión or authorisation from the basin authority.

There is one main exception. A landowner can take up to 7,000 m3 per year from a well on their own land without a concession. The well must still be registered with the basin authority, and the water must not harm neighbours or the aquifer.

The exception does not cover overexploited aquifers, larger uses or commercial use. There you need a concession, or the authority may set its own limits.

Check the registration before you buy

• Ask the seller for the resolution or registration entry for the well. The seller holds it as the water right holder.
• Ask the basin authority for a certificate from its water register (Registro de Aguas, or the older Catálogo de Aguas Privadas). It shows the holder, volume, use and coordinates. You usually need the owner's consent or a legitimate interest to get it.
• Check the property deeds and the Registro de la Propiedad entry, where water rights can be noted.
• After the sale, tell the authority so it updates the holder.

If the well is not registered

An unregistered well risks fines, an order to close it, and no protection for your water right. A well can be legalised only if it meets the requirements and harms no one else's rights.

The owner applies to the basin authority, either to register it or to legalise it with a concession or authorisation. For a small domestic well within the volume limit, this is a registration. The authority may ask for a technical report. The documents list below shows what to prepare.

Can the authorities restrict it?

Yes. In an overexploited aquifer or a drought, the authority can limit extraction, including small wells, or require you to declare your use. Regions and towns can also restrict water for gardens and pools. Check the current drought status in your basin.

Is there enough water?

A household needs roughly 150 to 200 litres per person per day. A family of four needs about 0.6 to 0.8 m3 a day, and much more with a garden or pool.

• Ask for the drilling report: depth, casing, static level and flow.
• Ask for a pumping test (aforo) lasting several hours, recording drawdown and recovery.
• Test in late summer, when the water level is lowest, and ask neighbours about dry spells.
• A yield of 0.5 to 1 litre per second pumped a few hours a day can cover a home if you have enough storage. A storage tank helps with low yield.
• Check the pump, its depth and the power supply.

For any purchase that depends on the well, hire a hydrogeologist to run the test.

Is the water safe?

Test well water at an accredited lab before drinking it, at least once a year and after floods. Labs check bacteria such as E. coli, nitrates, nitrites, arsenic, fluoride, metals, turbidity, pH and conductivity. Disinfect with chlorination or UV if needed.

A private well serving one household is largely outside the full drinking-water regime. If you supply water to others, for example through a rental, the full rules apply. Ask your regional health authority what applies to a holiday rental.

What to do next

Use the checklist and decision guide below to weigh your options. Buyers should get the registration paperwork and a test result before signing.

Choosing between options

Is this well suitable and legal to use as the water supply for a home?

• Rely on it as a small registered well: The well is on your own land, you use it only on that property within the 7,000 m3 per year limit, it is registered, and the aquifer is not overexploited.

• Apply for a concession: You need more water than the limit, the aquifer is overexploited or at risk, or your use could affect other people's rights.

• Use it for drinking only after testing: A single household drinks the water: test it at an accredited lab first and disinfect if needed.

• Do not rely on the well: A pumping test in late summer shows too little water, or the water quality is poor, and a storage tank would not make up the gap.

Rely on the well only if it is registered or authorised, stays within its volume limit, and passes both a yield test (a pumping test of several hours in late summer) and a lab water test.

Documents you need

• Certificate or information from the basin authority's water register (Registro de Aguas, or the older Catálogo de Aguas Privadas), showing the holder, volume, use and coordinates. Request it from the basin authority; as a buyer you usually need the owner's consent or must show a legitimate interest.

• The seller's resolution or registration entry for the well, which the seller holds as the water right holder.

• Identity and ownership documents, to apply to register or legalise an existing unregistered well.

• Well details for the application: location (coordinates and cadastral reference), depth, diameter, pump, flow, intended use and volume.

• A technical report on the well, which the basin authority sometimes asks for when you legalise it.

• The property deeds and the Land Registry (Registro de la Propiedad) entry, where water rights can be noted.

Questions to ask about utilities before committing to a rural property

Water, power, access and legal checks before you commit

• Ask the seller for the water rights registration or concession for any well or borehole, showing the holder, volume, use and coordinates.

• Ask the basin authority (the confederación hidrográfica or regional water agency) for a certificate from its water register; bring the seller's consent or show your interest as buyer.

• Ask for a recent water analysis and proof of any shared-water community rights.

• Ask for the municipal or community water contract and recent bills, plus proof of no debts to the water supplier or community.

• Ask for the electrical installation certificate (CIE, also called the boletín), the current supply contract, recent bills, and proof of the supply point (CUPS) and contracted power.

• Ask for the building licence and the first-occupation licence (licencia de primera ocupación) or equivalent, since a building without a licence cannot get a standard electricity contract.

• Ask your town hall whether an irregular building can be recognised with an antiquity certificate (AFO) in your region.

• Get a nota simple from the Land Registry and check it for easements (servidumbres) such as rights of way for pipes and cables, and for any water rights noted on the property.

• Trace where the power line runs, and if it crosses a neighbour's land, ask to see the easement agreement recorded in the Land Registry.

• Make the sale conditional on the seller notifying the basin authority of the change of holder after the transfer, so the water right is updated to your name.

Frequently asked questions

Can the authorities limit my well in a drought?

Yes, the basin authority can limit or restrict well use in a drought or in an overexploited aquifer, even for small wells. Small wells may have to declare their use or cut it back.

Do the drinking-water rules apply if I rent out the house?

Yes, if you supply the water to others, such as guests in a rental, the full drinking-water rules apply.