|In order to build in Spain, one has to - like in your Country - overcome bureaucratic hurdles and adhere to specific rules and regulations. In the past, illegal building activity (with no prior permission), and unauthorised renovation work on already existing buildings, used to be the order of the day. However, times have also changed in Spain, and the building standards are being adhered to much closer and controlling bodies have become increasingly stricter. To ensure that the dream of a domicile or the recently renovated "finca" does not turn into a nightmare, it is imperative, before purchase of a property, to check up the building possibilities.
The royal decree no. 1/1992 dated 26 June 1992 covers the territorial matters and contains rules about planning & development. The decree is an updated version of the 1976 Spanish Ground Law. The Spanish Ground Law and Urban Act regulate planning and development in the following way, listed in the order of importance: national regulations, territorial co-ordination and general municipality regulations as well as specific regulations with regard to execution of development. Territorial & general Municipality Laws rank higher than the others. They nominate the general development of the regional development. The territorial co-ordination plan concerns itself with the development and utilisation of the actual area of the property, from which the building plan
and other programmes are devised and developed. The council is generally responsible for the erection/permission of building plans. Potential builders are therefore recommended to contact the proper authorities already during the planning stage on their undertaking, in order to receive exact details about the IF and perhaps the HOW the property is allowed to be built on. Classification of the territory is a determining factor: Based on the new regulations (part. 9ff.), territory is divided into the following categories: Urban territory: At least 2/3 of the area must already be developed, include
access, energy supply, provision for connections must be in place etc. Territory for urban use Para.11: The lawful regulation is viewed in conjunction with the royal decree no. 5/96 dated 7 June 1996. Further information on urban territory can be taken from the "Plan General Municipal". Non urban territory is generally an area of some kind of protection based on its exceptional value with regard to fauna - agricultural- , forestry - protection or out of agricultural, historical or cultural or ecological equilibrium. Should the particular municipality not have a specific area utility plan, the Act of subdivision into urban and non-urban territory will prevail.