Construction

1

Designing

It is important to choose the right architect not only from a design perspective but also to appoint one that is well versed with the planning department and the regulations of your particular area. We are particularly experienced working with Orihuela, Pilar de la Horadada, San Fulgencio and Torrevieja's Town Hall planning departments.

2

Architect

Architects working in the Alicante province must be registered with the Colegio de Arquitectos (COA – College of Architects) to be able to submit plans to the COA. A registered architect will be able to supply his registration number which can be checked with the COA. Architects are legally obliged to have professional insurance. As well as responsibility for producing architectural project plans and accompanying documentation the architect has a specifically defined role during the construction stage. A building project must legally have an architect performing the Dirección de Obra role, which is a function performed in close collaboration with the Technical Architect, collectively known as the Dirección Facultativo

3

Technical architect

A technical architect (TA), also known as an Aparejador, is required on all projects which necessitate a Licencia de Obra Mayor, in other words any building work of a structural nature. The UK equivalent of the TA is a cross between a Structural Engineer, Quantity Surveyor and Building Inspector. The TA must be registered with the College of Techincal Architects (COAT) in order to legally carry out the various functions he/she fulfils. This role carries enormous responsibility so the TA must have professional insurance cover.
A building project must legally have a TA performing the Dirección de Obra role, which is a function performed in close collaboration with the Design Architect, collectively known as the Dirección Facultativo.

4

Fees

The College of Architects (COA) issues guidelines for Architects fees which take into account the scale and type of work involved. Architects generally adhere to these scales. As a rule of thumb you can assume between 8 – 11% of the projected construction cost for a Design Architect and then 30% of that cost for the Technical Architect. The projected construction cost is not a true construction cost, it is a lower estimate. A point to clarify well is what is included in the fees you are quoted and conversely what is not included.

5

Building licenses

Each Town Hall has its own procedures and documentation requirements for licensing. Fees and payment terms also vary.

6

Obra menor (minor works)

You need a license to do just about anything to a property although some Town Halls have a fast track procedure for certain minor work. This license is relatively easy and quick to obtain but must be submitted in Spanish in person, accompanied by various documents and official quotes. The license is usually ready in 2 - 4 weeks, depending on your area, the level of work and providing that all the documentation required is provided on applying. Fees are generally around 5% of the build cost. Some Town Hall procedures are tiresome whilst others have tried to simplify things. We can always submit licenses on behalf of our clients.

7

Obra mayor (major works)

Most people assume that this type of license is only required for new build projects, this is not the case. Obra Mayor covers anything that alters the physical floor layout, structural integrity, footprint of the building or façade in terms of apertures.
Although Town Halls follow National Building Laws each one has its own set process and requirements. Obtaining a license can take anything from 3- 6 months depending on your area. The cost of this license can be between 3 – 5% of the total build cost.
You may also be governed by your urbanisation’s regulations. For example properties belonging to anurbanization on the Orihuela Costa must request and be granted permission at the Annual General Meeting (AGM) usually to ensure the project will coinside with the community design and ensure compliance with urbanization building regulations. In such cases the Town Hall will require this approval prior to issuing any licenses.

8

Licencia de primera ocupación

The First Occupation License will be granted by the Town Hall once all work has been completed and all taxes paid. Until this has been obtained official connection to utility services will not be possible.

9

License time limits

Rules surrounding limits depend on the local Town Hall. Generally, building work must commence within 6-12 months from obtaining a license and completed within 3 years, this is a legal requirement. In the event of over run the license must be reapplied for and paid for again. It may be possible to extend a license, just once, but only if it is still valid

10

Contracts

11

And finally…

We would like to add that whilst it is definitely a more bureaucratic process taking on any type of building project in Spain it doesn’t have to be stressful for you.
Providing a project is managed correctly, every detail is planned, and professional experts and tradesmen are employed then it will be a trouble-free, risk-free adventure.
Whilst we try to make sure the information contained on our website is up to date we cannot guarantee the accuracy of it and advise you to seek up to date advice at the appropriate time and in relation to your particular circumstances.