REALWorld Law

Planning / zoning

Controls on specific new construction and refurbishment

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Spain

Spain

Yes, a works permit is required before any development is carried out or any material change in a building is implemented. Depending on the type and extent of the works, different procedures will apply (eg minor works only require notification to the city council). 

Any new building or refurbishment has to respect the requirements included in the urban planning regulations applicable to the building. However, depending on the status of the land where the development is to be carried out (as for example in cases where the urban planning regulations do not detail certain planning aspects), a prior planning approval (eg 'partial plan' or 'special plan') is required. Such detailed regulation is a necessary requirement to grant the permits necessary for developing and using the plot and the buildings.