This information is specially addressed to the owners of a plot who want to build a new construction on their piece of land.
It is true that in order to make any kind of work you need to obtain a license from the city council. However, we would like to make clear that you have to be really careful with this matter, since presenting a license application and paying the corresponding tax does not mean that the work is authorized.
City councils are competent on land issues on their municipality. This is why any work that is made on a certain municipality must be authorized by its own town council.
When a license application is presented, the town council must verify that the land is buildable, that the already built meters do not exceed the maximum allowed to that land, or that the land is not protected, etc.
Owners usually request those works to small builders who convince them to do the works that they want, tricking them to present a license application without describing the real work or presenting the corresponding project. You must know that this is not legal.
We have seen many cases of license applicants where the town council is informed of the work that they want to do, but unfortunately this does not correspond to the reality.
The builder convinces the owners by saying that presenting the application is enough and that nobody will verify the work and the, moreover, the owner will pay less taxes.
Unfortunately some owners let them convince them and do not know the damages that this behaviour can cause.
The risks that this can imply are very important and may even lead to a criminal proceeding. This is the reason why we consider that this information is important for our readers and future clients.
An illegal work that does not correspond to its license will lead to the initiation of a sanctioning file whose final result will be the demolition of the work and the imposition of a heavy fine. It also entails the risk that it will be co-responsible for accidents that may occur during the construction and the risk in the latter case that it will be co-responsible for the commission of the crime due to imprudence.
Furthermore, you must take into account that an illegal work will never be legalize, so you may find problems in the future when you want to sell it because the building does not correspond to its deed in the land registry, which will produce mistrust on the buyer and may lead to the cancelation of the purchase.
We will not like to conclude this article without warning you that many small builders will not have the corresponding insurances or that even having them then the insurance companies will try to make the promoter responsible for the damages that may occurs due to acting illegally.
As you can see this is an important issue and this is why we recommend you to always count on a lawyer that can assist you.
Do not hesitate to contact us. We are at your service and do not forget that we work throughout Spain