Licenses for construction in Malaga
Building licenses have traditionally been the only way in which Public Administrations intervene in the use and construction of land. However, in recent years, the multiple existing urban and sectoral regulations and the delay in meeting the deadlines for issuing licenses have resulted in obtaining a building license being a really complex procedure.
That is why the regulations regarding construction licenses have been modified, in order to simplify these procedures and streamline administrative activity. However, these changes in the regulations, added to the fact that each municipality has its own ordinances, usually generate greater confusion in the population. That is why in this post we are going to explain everything you need to know about building licenses in Malaga
PREVIOUS REGULATIONS - MAJOR WORK AND MINOR WORK
Previously, work licenses have traditionally been classified into two types: major work licenses and minor work licenses. All construction acts were subject to one of these two types of license, and there were no other elements that would speed up the procedures for obtaining them.
The major work licenses were required for new plant works, changes of use in buildings, modifications of the work carried out that altered some of the urban parameters, works that affect the structure of the building ... while the minor works licenses (such as its own name indicates) were required for smaller works, such as simple repairs, replacement of cladding, installation of heating or air conditioning...
CURRENT REGULATIONS - LICENSES, RESPOSIBLE DECLARATION AND ACTS NOT SUBJECT TO LICENSE
Since the entry into force of Directive 2006/123 / EC, of December 12, the European Union has tried to simplify administrative action by introducing new figures other than licenses to reduce waiting times. Currently, in the municipality of Malaga, we can differentiate between three "levels" of authorizations, which we will explain below, and they are:
Acts subject to license (Type 1, Type 2 or Type 3)
Acts subject to a responsible declaration or prior communication.
Acts not subject to a license or other authorization instruments.
ACTS SUBJECT TO LICENSE - TYPES OF LICENSE AND PROCEDURE
What acts require a license?
A license is, by its definition “an express statement that a person makes, especially with legal authority, to allow a certain thing to be done”. In the context that we are dealing with, a license would be the administrative resolution of a procedure in which it (the administration) expressly authorizes us to carry out the activity that we have requested. The following acts will require obtaining a license:
Urban parcels.
New plant works, construction, building and installation of facilities
Expansion, modification, reform and rehabilitation works.
Works in permanent commercial establishments with a useful surface> 750m²
Total or partial demolitions of buildings.
Acts on developable, non-developable land or on properties out of order.
The change or modification of use, total or partial, of the constructions, buildings and facilities.
What types of license are there?
There are three types of license: type 1, type 2 and type 3 licenses:
Type 1 licenses: This type of license will be required for works of greater technical or urban complexity.
They require the drafting of a building works project, visa and it will always be necessary to have works management and final works certificate.
Type 2 licenses: It is the next step to type 1 licenses and they are used for works of less technical or urban complexity but that require for their granting of some sectorial authorization (from other administrations such as: environment, historical heritage ...)
They will require the writing of a descriptive and graphic technical report.
Type 3 licenses: For works of little technical or urban complexity for which neither the type 1 license project nor the type 2 license memory is required.
HOW DO I KNOW WHAT TYPE OF LICENSE TO ORDER?
The requirement of one or another type of license depends on the type of action, the use of the property, the type of land on which it is located (urban consolidated, unconsolidated, undeveloped ...), whether it has any type of protection ...
There are many variables that intervene, so we recommend that you contact an architect who will be the one who can advise you on the type of license you have to request and who will be in charge of preparing all the documentation and carrying out the necessary procedures.
ACTS SUBJECT TO RESPONSIBLE DECLARATION
What is the responsible statement?
It is a “document signed by the applicant, which normally accompanies the main instance at the beginning of a file for the exercise of an activity, in which it declares, under his responsibility, that he meets all the requirements demanded by the regulations. ”. Unlike the license, with the responsible declaration we do not need any type of response from the Administration, but, from the moment of its presentation, we can start the activity that we have requested.
What acts can be processed by responsible declaration?
Actions in commercial premises with an area of less than 750m² (provided that the works to be carried out do not require a project).
Auxiliary installations on public roads.
Repair and reform works that do not affect the structure, the interior layout and that do not essentially modify the exterior appearance of the property and facilities.
ACTS NOT SUBJECT TO MUNICIPAL URBAN INTERVENTION
There are a series of acts that do not require applying for a license or submitting a responsible declaration, and they are, among others, the following:
Actions in homes: Works inside the home or in the common areas of residential buildings that meet the conditions that they do not affect the subsoil, the structure, the interior layout (that is, that the partitioning) or modify the exterior appearance.
These works may consist, for example, of:
Repair of cladding, flooring, tiling, false ceilings ...
Punctual repair of facilities.
Interior painting
Replacement or repair of doors, etc.
Urban actions for the execution of planning: Such as: the segregations that are contained in the reparcelling projects, the urbanization works linked to the development planning instruments, the works that are the consequence of a direct execution order of the administration, etc.
Hello I am Javier Muñoz Fuentes, Architect registered 1856 COA Málaga. Let me know how may I be of assistance…You will find me calling at + 34 654 00 11 69
Hello I am Crisanto Barcia Garcia, Architect registered 1501 COA Málaga. If you have any further question about this post, do not hesitate to call me at +34 678 478 993
