Carrying out building work involves more than just having a budget and a good contractor. For the works to be considered lawful, it will always be necessary to have certain permits. Likewise, once the works are finished, you must be sure you have the quality guarantees that come with this kind of work.
These formalities can vary depending on the type of works to be carried out. For that reason, the most advisable thing is to have the advice of lawyers who are experts in property and construction law. At BBMabogados we have the best lawyers in construction permits, so please do not hesitate to contact us.
What permits or licences do you need to carry out works?
This will depend on the council in whose area the works are located. Likewise, each type of permit involves submitting particular documentation and a different price. The purpose of these permits is to ensure that the works are safe and lawful, thereby avoiding problems with neighbours or any penalty from the authorities.
First of all, there is the duty to notify the start of the works. For minor renovations, where the only thing being worked on are the property’s finishes, without altering its structure, all that is required is to submit works notifications, for information purposes only.
An example of the above might be painting, changing wall or floor coverings, and so on.
Now, if the works are intended to change the layout of the property’s space, a minor works licence must be processed. Meanwhile, for jobs that involve structural elements (beams, load-bearing walls, pillars, etc.), a major works licence will be processed.
This same type of licence must be applied for in cases where communal elements are altered, such as façades, terraces, courtyards and so on, as well as for works that involve an increase in floor area.
As can be inferred, depending on the scale of the intervention, a permit involving greater supervision by the authorities must be applied for, since the aim is to check that the works are safe, both for the property being renovated and for its neighbours.
Likewise, this supervision helps to keep records such as the occupancy certificate properly up to date.
What is a minor works licence?
Minor works are, by definition, simple and inexpensive, such as repairs, wall and floor coverings, enclosures, and the installation of heating, plumbing and electrics; nonetheless, they require a licence or permit to be processed.
This permit gives access to work on a home or commercial premises, on elements such as the façade or the roof, provided they are simple jobs.
What is a major works licence?
When the structure of a property is altered, we are already dealing with more extensive works. It is therefore necessary to have a major works licence. This permit allows you to work on the structure of the building, as well as the elements intended to protect the building against fire, to change the floor area or height, or to carry out a complete renovation of the building.
These jobs require a project drawn up by an engineer or architect.
When this licence is granted, a responsible declaration must be signed, stating the proper use that will be made of the licence.
This declaration can be used as evidence against us, and we may be penalised if we fail to comply with it.
Bodies that grant these licences in Santander
Responsibility for town planning lies with the municipalities. Accordingly, the documentation required for the review and, where appropriate, granting of the permit can be submitted at the council offices.
It is very important to make the application well in advance of the start of the works. Likewise, it is worth remembering that failing to have this permit could mean an administrative penalty and the closure of the site until the necessary licences are obtained.
That said, bear in mind that once you have the licence, there will be a period within which to carry out the works. Once it passes, the building licence lapses, and the extension provided for by law can be applied for.
Building licence fees
Another point to bear in mind is the payment of fees for the granting of building licences. One of these is the tax on constructions, installations and works, whose taxable base is the amount to be charged for the work.
In the case of major works, another cost to cover will be the fees of the architect or engineer responsible for the project.
What should you bear in mind when the works are completed in Santander?
When the works are finished, you might think the whole process is over. However, from a legal point of view, this is not the case. So, once the works are completed, you must bear the following in mind:
THE FINAL WORKS CERTIFICATE
This is the technical document that records that the works and construction have been carried out and completed in accordance with the project and the licences granted.
Its preparation, drafting and official approval are in the hands of the architect who drew up the project for carrying out the works.
THE HANDOVER CERTIFICATE FOR COMPLETED WORKS
This is the document that records the transfer of responsibility for the completed building from the builder to the client.
Of course, not all these steps, permits and responsibilities always go smoothly. So, if any problem arises from the improper use of the permits or from liability for building defects, the most advisable thing is to have the advice of lawyers who specialise in construction matters.
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