Recognize the norms and regulations governing construction in Orihuela Costa
Planning Zones of Different Types
All properties are classified into one of two planning zones:
1. Plots in the rustic (country) style (suelo rustico)
The rural land legislation establishes the regulations for rural site development. (LEY 10/2004, del 9 de diciembre, de la Generalitat, sobre el Suelo Inusual.)
Certain rural property is protected, and all plots meet one of the following two criteria:
- Suelo no urbanizable protegido. This is unique, protected terrain that is not permitted to be developed for residential purposes.
- Suelo inhabitable comn. This category is not protected and may be developed for the purpose of developing residential homes for private use.
The rights and constraints on development of a rural plot in a commune:
- Minimum 10,000m2 plot size
- Maximum construction height: 2% of the plot’s width
- 2 storeys
- 7m in height.
For instance, a 12,000m2 property allows for the construction of a residence with 240m2 on the ground level and 240m2 on the first story.
Special Constraints: All rustic plots are subject to aesthetic restrictions, which vary according to planning zone. Typically, you must construct a conventional regional-style structure. For instance, you would not be permitted to construct an Ibicenco (Ibiza-style) home in Valencia.
2. Plots in cities (suelo urbano)
These are fully-serviced urban plots with access roads, water, and power. Each planning zone has its own set of standards, although generally plot sizes are limited to 800m2 to 1,500m2, with around 20% of the land designated as “brut livable.”
The Urbanismo Certificado
Each town hall can provide you with a certificado urbanistico for the site you wish to purchase. This is a document certified by the urban planning agency that validates the kind of plot, the purpose of occupation, the amount of available building space, and the form of construction. When acquiring a property, this is the document that details all of the property’s development potential.
Nota bene: Do not purchase a plot without first obtaining this certification.
Permits for Construction
Before construction of any project may begin, regardless of whether the structure will be used as a house or if it will have foundations, a licencia (building permission) must be obtained. This same permission is required for any work performed on an existing structure that alters the building’s use, external appearance, volume, or adds storeys. (Note that a prefabricated wooden home requires a construction permit.)
Permits for construction come in two varieties:
- Permit for modest works such as wall construction, terrace construction, and BBQ construction.
- Permit for significant construction projects, including new structures, modifications, and demolitions.
To receive a construction permission for small works, just apply for a licencia de obra menor at your local town hall. This should typically include a brief description of the work to be performed and an estimate of the associated expenses. This is necessary in order to compute taxes. The tax is collected at the conclusion of the work and is typically estimated at around 4% to 6% of the building cost.
To acquire a construction permit for significant work, you will require the following:
- Technical dossier (proyecto) made by a Spanish architect enrolled at a college of architecture
- Typically, the architect chooses a technical architect (aparejador). The technical architect is the official site manager in charge of the construction site.
- A function Object() { [native code] }
The application must be signed by all three of these specialists.
Submitting the licencia solicitud
The application must be made in person or through registered letter to the local alcalde, who will issue a receipt (recibo); the application is typically handled within two months of receipt of the registered letter.
Following submission, a letter of notice with the application number will be issued. Following an assessment to ensure that the right information was submitted, the request will be placed in the Town Hall. The application will be inspected to ensure that it complies with applicable building codes. Two months from the date of filing, a tacit acceptance may be expected, and the permiso de construir (construction permission) will often be delivered within that time frame.
Note: If you do not get communication from the building authority within two months, you will automatically obtain the licence, presuming that all required information was filed and the project conforms with applicable building requirements.
Responsibilities
The building act LOE of 5 November 1999 (Ley de Ordenación de la Edificación) holds all parties engaged in the structure’s construction accountable. Without limiting their contractual obligations, people or legal organisations that participate in the construction process are accountable to the owners and third-party purchasers of the building or any portion thereof in the event the structure is divided.
The following property damages occur to the building during a specific time period, beginning on the date of the work’s unreserved initiation or on the date of the rectification of such reservations:
Responsibilities for construction defects are assigned in the following time ranges.
- For a period of ten years, any structural damage to the building caused by flaws or deficiencies in the foundations, supports, beam, framework, load-bearing walls, or other structural components that jeopardise the structure’s mechanical resistance and stability.
- For a period of three years, damages to the building caused by flaws or deficiencies in the structural elements or services that cause the structure to fail to fulfil the standards for habitability.
- For a period of one year, the builder will also be accountable for damages caused by construction flaws or defects affecting aspects of the finished work.
Each agent is personally liable for their own conduct or omissions as well as those of the others for whom they are legally responsible.
Regardless of this, if blame for damages cannot be ascribed to a person or group, all parties will be deemed jointly liable. In any case, the developer, together with all other agencies, shall be equally and severally accountable to the buyers for property damage to the building caused by construction mistakes or faults.
The builder’s responsibility
The builder is directly accountable for damages to the building caused by errors or flaws resulting from a lack of ability, professional or technical qualification, carelessness, or non-compliance with the Construction Manager’s and other persons or legal entities reporting to them responsibilities.
When a builder subcontracts specific duties or services to other persons or legal entities, they are directly accountable for any losses incurred as a result of errors or flaws in the execution of such works, without regard for any remedies the builder may have against subcontractors.
As guarantees, the following property damage or surety coverage are required:
- A property damages or surety insurance claim that guarantees pay for one year for losses caused by execution errors or deficiencies in the completed job.
- A property damage or surety insurance claim that guarantees reimbursement for losses caused by flaws or deficiencies in structural elements or services that result in non-compliance with the habitability criteria for a period of three years.
- A asset damage or surety insurance claim that provides compensation for damage to the building caused by faults or deficiencies in, or directly influencing, the mechanical resistance and stability of the structure.
The Policyholders
Nota: Because the developer and the buyer are the same person in the event of autopromoción, no property damage insurance coverage is necessary for a period of ten years.
