Measures requiring approval.
Basically, for new buildings, conversions and renovations, building permits are required if new living space is created or roofs, load-bearing walls or facades are changed.
No building permit is required for maintenance and repair.
Permits are also required for earthworks,
Creation of roads and slopes, as well as for the construction of water tanks, even if these do not exceed the earth level.
Persons authorized to enter building plans in the building land area (local area / Urbano) are architects, civil engineers (Aparejadores) are also authorized to enter smaller buildings and plants in agriculture.
Building applications must be submitted to the town hall of the municipality in which the property is located.
Approval practice and the principles of the authorities, the classification of the individual plots of land in the individual usage zones is largely regulated in land use plans, the applicable building regulations are regulated in the statutes (Normas Subsidiares) of the individual municipalities and in the development plans (Plan Parcial) with the associated statutes ,
The basis for these provisions is the newly drafted regional planning law of May 13, 1999 (Ley 9/1999, de 13 de mayo, Ordenacion del Territorio de Canarias) .This law regulates all measures on 145 A4 pages and in 234 articles (Articulos) , Buildings in local areas (Urbano) are permitted taking into account the building regulations,
Developments in the outside area (agricultural area / rustico) are also permitted, taking into account the building regulations.
As a rough rule of thumb, a buildability of 240 m² of living space per 10,000 m² of agricultural land (finca) applies to the outside, a maximum of 2 storeys.
Exceptions to this are plots in zones that are classified as protected, within which such buildability is not generally permitted, but can be approved as an exception if the owner undertakes to cultivate it up to 60% agricultural (tropical useful trees – date palms, mango, passion fruit, Oranges, lemons, bananas, etc.) or for forestry.
A higher buildability can be approved depending on the proximity of the property to the location or on shooting streets.
Required, regulated in the L.S. (Law on Land Law and Urban Order). There is a general municipal zoning plan (‘Plan General Municipal de Ordenación) and partial development plan. There, all plots are divided into urban soil with building rights, urbanizable soil (suitable for future buildings) and non-urbanizable soil (nature conservation, etc.).
There is a great deal of discretion, which is often used very generously.
The building application must be signed by an architect and submitted to the municipality.
It is agreed format-free with the building contractor, general contract law applies, Art. 1542 Cc and 1588 Cc. The building contractor can have a building worker mortgage registered, Art. 1923 Cc. In practice, the entrepreneur receives 15% of the construction sum as a wage, due when the property is handed over, construction progress rates are often agreed.
An architect approved at the local chamber of architects plans and leads the construction supervision. The contract with him and the payments to him are only made through the Chamber of Architects. Its fees depend on the class and volume. Free fees may be agreed.
The architect carries out the concrete construction supervision and technical construction supervision by a technical architect, formerly called ‘aparejador’ until 1967.
This belongs to a separate chamber. Both the architect and the technical architect must have professional liability insurance.
Follow 1484 Cc, as with us: distinction between open, i.e. visible, and hidden material defects. Since open defects are to be reported immediately upon acceptance of the construction, it is imperative to consult an expert, since after 1490 Cc liability for open defects is excluded. In the case of hidden defects, it is disputed whether general sales law – with short limitation periods or contract for work contracts, Art. 1591 Cc applies.
According to the contract for work contracts, the limitation period is 10 years, or 15 years if the contractor violates contractual provisions.
Measures after completion:
‘buletin de instalaciones eléctricas’ ‘certificación final de obra’ are prerequisites for the habitability certificate of the municipality in order to get electricity and water connection.
Registration of the house in the land register – new building declaration, declaración de nueva obra. 208L.H., 308 R.H .:
The new building must be registered for entry in the register by Escritura after completion of the construction – also for conversions.