Key Takeaways
- 1Most minor renovations require a 'Licencia de Obra Menor'—approval in 2-6 weeks.
- 2Structural changes always require an architect's project and a major permit (2-6 months).
- 3Starting work without a permit can lead to fines of up to 300% of the project value.
- 4The ICIO construction tax is typically 3-6% of your declared budget.
- 5Unpermitted work will cause problems when you try to sell the property.
Quick Answer
Yes, you almost always need a permit for renovation work in Spain. Obra Menor (minor works like tiling, painting, bathrooms) takes 2-6 weeks and costs 3-5% of budget in taxes. Obra Mayor (structural changes, extensions, pools) requires an architect and takes 2-6 months. Working without permits risks fines up to 300% of the project value and problems when selling.
Navigating the bureaucratic landscape of Spanish construction permits can feel like a full-time job. Whether you're planning a simple bathroom refresh or a complete villa overhaul, understanding the difference between a Licencia de Obra Mayor and Licencia de Obra Menor is critical to your project's success—and your wallet. This comprehensive guide covers everything you need to know about renovation permits on the Costa del Sol in 2025.
Do I Really Need a Permit?
The short answer is: Yes, almost always. In Spain, nearly any work that generates rubble or changes the appearance of a property requires some form of notification to the Town Hall (Ayuntamiento). This is governed by the Ley de Ordenación Urbanística de Andalucía (LOUA).
Many foreign homeowners fall into the trap of thinking that internal work doesn't need permission. This is a common and expensive misconception. Even "invisible" works like rewiring or replumbing technically require at least a Comunicación Previa (prior notification).
Common Misconceptions
- • "It's inside my house, so I don't need permission" — Wrong
- • "My builder said we don't need a permit" — Get it in writing
- • "Nobody checks anyway" — Neighbours report, drones survey
- • "I can legalize it later" — Often impossible or very expensive
"The most common mistake I see is homeowners skipping the permit for 'invisible' works like rewiring. If you ever want to sell, that lack of paperwork will come back to haunt you. Notaries now cross-reference cadastral records with satellite imagery."
— Carlos Rodriguez, Senior Architect, MalagaDesign
Types of Permits: Obra Mayor vs. Obra Menor
Spanish building permits are categorized based on the complexity, safety implications, and impact of the work. Understanding which category your project falls into determines the documentation required, the timeline, and the cost.
| Permit Type | Typical Works | Timeline | Cost |
|---|---|---|---|
| Comunicación Previa | Painting, minor repairs, like-for-like replacements | Immediate (notify & start) | €50-150 |
| Obra Menor (Minor) | Tiling, bathrooms, kitchens, windows (same size), plumbing, electrical | 2-6 weeks | €200-800 + 3-5% ICIO |
| Obra Mayor (Major) | Extensions, pools, structural walls, roof changes, change of use | 2-6 months | €500-2,000 + 4-6% ICIO + Architect |
| Licencia de Primera Ocupación | Required after major works to certify habitability | 1-3 months after completion | €300-1,000 |
Obra Menor: What's Included?
Minor works cover most interior renovations that don't affect the structure or external appearance of the building:
- Bathroom and kitchen refits (not changing layout)
- Retiling floors and walls
- Painting (interior and exterior, same colours)
- Replacing windows (same size openings)
- Electrical rewiring
- Plumbing updates
- Installing air conditioning
- New flooring (microcement, tiles, parquet)
Obra Mayor: When You Need an Architect
Major works require a full Proyecto Técnico (technical project) signed by a qualified architect (arquitecto) or technical architect (arquitecto técnico):
- Any structural changes (removing walls, adding beams)
- Extensions (adding rooms, enclosing terraces)
- Swimming pools (new construction)
- Roof changes (raising, changing pitch)
- Change of use (garage to living space, commercial to residential)
- New window or door openings
- Basement conversions
- Solar panel installations (over certain size)
Permit Costs Breakdown
The total cost of permits includes several components. The main expense is the ICIO (Impuesto sobre Construcciones, Instalaciones y Obras)—a construction tax based on your declared budget.
| Cost Component | Obra Menor | Obra Mayor |
|---|---|---|
| Administrative Fee (Tasa) | €100-300 | €300-1,000 |
| ICIO Tax | 3-4% of budget | 4-6% of budget |
| Architect Fees | Not required | €3,000-15,000+ |
| Technical Architect (Aparejador) | Not required | €2,000-8,000 |
| Example: €50,000 renovation | €1,750-2,300 | €7,000-15,000+ |
The Application Process Step-by-Step
For Obra Menor (Minor Works)
- Get a detailed quote from your contractor including materials and labour breakdown. This determines your ICIO tax.
- Gather documentation:
- Copy of your NIE/passport
- Proof of property ownership (Nota Simple)
- Contractor's quote with NIF number
- Photos of current state
- Description of planned works
- Submit online via the Town Hall's "Sede Electrónica" (requires digital certificate) or in person.
- Pay the fees—Tasa administrativa and ICIO tax.
- Wait for approval—typically 2-6 weeks. Some towns offer "Declaración Responsable" for immediate start.
- Display the permit visibly at the property during works.
For Obra Mayor (Major Works)
- Hire an architect to prepare the Proyecto Básico(basic project) and Proyecto de Ejecución (execution project).
- The architect submits the project to the Colegio de Arquitectos for technical approval (visado).
- Submit to Town Hall with all supporting documents:
- Architectural project (stamped by Colegio)
- Structural calculations (if applicable)
- Health & safety plan
- Waste management plan
- Proof of insurance
- Town Hall review—may request modifications or additional documentation.
- Pay ICIO and fees upon approval.
- Appoint a Technical Architect (Aparejador) to supervise the works and sign off on completion.
- After completion, apply for Licencia de Primera Ocupación to certify the works are complete and legal.
Timeline by Municipality
Processing times vary significantly between Town Halls on the Costa del Sol. Here's what to expect in 2025:
| Municipality | Obra Menor | Obra Mayor | Notes |
|---|---|---|---|
| Marbella | 4-8 weeks | 4-8 months | High volume, strict enforcement |
| Mijas | 3-6 weeks | 3-6 months | Good online system |
| Fuengirola | 2-4 weeks | 2-4 months | Relatively efficient |
| Estepona | 3-5 weeks | 3-5 months | Improving systems |
| Benalmádena | 2-4 weeks | 2-4 months | Efficient processing |
| Manilva/Casares | 1-3 weeks | 2-3 months | Smaller towns, faster service |
Penalties for Working Without a Permit
The consequences of unpermitted work can be severe and long-lasting:
Potential Consequences
- Fines: €600 to 300% of the project value
- Work stoppage order: Immediate halt to all construction
- Demolition order: You may be required to demolish unauthorized work at your expense
- Problems selling: Notaries and buyers' lawyers will identify unpermitted works
- Insurance void: Home insurance may not cover damage from unpermitted works
- Mortgage issues: Banks may refuse to lend against properties with illegal works
Can I Legalize Existing Unpermitted Work?
In some cases, yes—through a process called Legalización orRegularización. However, this is not always possible:
- Urban land (Suelo Urbano): Generally possible if works comply with current planning rules
- Rustic land (Suelo Rústico): Much harder; many illegal extensions cannot be legalized
- Protected areas: Legalization usually impossible
- Time limits: After 6 years without enforcement action, works may be "prescribed" (immune from demolition, but still not legal)
Legalization typically requires hiring an architect to prepare an "as-built" project, paying backdated ICIO tax plus penalties, and may require bringing the work up to current building standards.
Need Help with Permits?
Navigating Spanish bureaucracy is easier with local expertise. Find verified architects and builders who handle the permit process for you.
Frequently Asked Questions
Do I need a permit to renovate my house in Spain?
Yes, almost always. Any work that generates rubble, changes the appearance, or affects structure requires permission from the Town Hall. Even internal works like rewiring typically need at least a 'Comunicación Previa'.
What is the difference between Obra Mayor and Obra Menor?
Obra Menor covers non-structural changes (tiling, bathrooms, kitchens, windows). Obra Mayor involves structural changes, extensions, pools, or change of use—requiring an architect's project. Costs and timelines differ significantly.
How long does it take to get a building permit in Andalucia?
Obra Menor: 2-6 weeks. Obra Mayor: 2-6 months depending on complexity and municipality. Marbella tends to be slower; smaller towns like Manilva are faster.
What happens if I renovate without a permit?
Fines range from €600 to 300% of the project value. You may face demolition orders for unauthorized work. Unpermitted works also cause serious problems when selling—notaries require proof of legal works.
How much does a renovation permit cost in Spain?
Obra Menor: €200-800 plus 3-4% ICIO tax on your declared budget. Obra Mayor: €500-2,000 in fees, plus 4-6% ICIO, plus architect fees of €3,000-15,000+ depending on project complexity.
Written by
Maria Gonzalez
Legal Consultant at CostaTrades
Expert contributor covering home maintenance, renovation, and property management on the Costa del Sol. Helping expats navigate Spanish construction and property ownership.
