How Long Will My Building Permit Take?

ARCHITECTURE

Dec 11

Written By Francisco Javier Muñoz Fuentes

If you're planning to carry out construction work on your home or business premises in Andalusia, one of the main concerns is how long it will take to obtain a building permit. The administrative process can vary depending on several factors, which often creates uncertainty for property owners and developers. Here's what you can expect during this process…

DO NOT HESITATE TO SHARE YOUR QUESTIONS

1. Following the Rules

The process of obtaining a building permit in Andalusia is primarily governed by Decree-Law 60/2010, of March 16, which approves the Urban Discipline Regulations for Andalusia, and Law 7/2002, of December 17, which regulates urban planning activities in the region. These regulations outline the rights and responsibilities of property owners and local administrations regarding the processing of building permits.

According to these laws, any work involving construction, expansion, or renovation of a property requires prior authorization issued by the corresponding municipality. Specific timeframes for processing permits are also established, depending on the category of the project.

Timeframes Established by Law:

Maximum Resolution Time:
The maximum time municipalities have to process building permit applications is 3 months. This period can be extended for more complex cases but only under justified circumstances, with an additional extension of no more than one month.
Administrative Silence:
If the municipality fails to issue a resolution within the established timeframes, it is understood that the permit has been tacitly granted. This means that, if the deadlines pass without a negative response, the applicant can consider the permit approved.
Municipal Responsibilities:
The municipality is responsible for processing and resolving building permits. Failure to respond within the specified timeframes results in a positive administrative silence, effectively granting the permit.

2. Why It’s Not the Architect’s Fault

Architects play a fundamental role in the permit process, but they have no control over administrative timelines.

An architect’s role is strictly technical: they are responsible for preparing and validating the technical documentation for the project (blueprints, reports, technical specifications, etc.). Their job is to ensure that all technical requirements comply with current regulations. Once the documentation is submitted, it is up to the administration to review and either approve or deny the request.

Even if the documentation meets all legal requirements, the architect cannot accelerate the administrative process or influence the municipality’s timelines.

3. Factors Influencing Permit Processing Time

Type of Work

Not all types of work require the same permit or process. There are three main categories:

Minor Works:
Involve simpler procedures, such as small electrical installations, plumbing, or painting.
Major Works:
Include expansions, structural changes, or new constructions and generally require more extensive paperwork.
Large-Scale Projects:
Such as major real estate developments, these demand a more detailed review and take longer to process.

Municipality and Local Administration

Each municipality in Andalusia may have its own timelines and administrative procedures. Rural areas may have simplified processes compared to large cities.

Project Complexity

The amount of documentation required and the technical review necessary for each project impacts the response time. More complex projects or technical requirements may require longer evaluations.

Administrative Load

During periods of high construction activity, the volume of applications may exceed the capacity of local administrations, leading to longer processing times.

4. So, What Should You Expect?

While the timeframe to obtain a building permit in Andalusia generally ranges from 1 to 6 months, it is not uncommon for some applications to take up to 2 years. The reality is that there is no guaranteed timeline. Factors such as the administrative workload of the municipality, the complexity of the project, and unexpected legal or technical issues can extend the process.

Even with meticulous planning and compliance with all legal requirements, unforeseen situations may arise that affect the estimated timeframes. Patience and preparation are key when navigating the building permit process.

TELL US WHAT YOU NEED