Applying for building licenses, permits and applications is a real game of confusion with numerous surprises, especially for smaller projects. And this should be left to professionals
.The plot of land for the new building has been found and purchased, the building plans have been finalized by the architect and the construction company has been contracted. So things can actually start now. Actually, mind you.
Because before the first cement lands in the mixing machine, there are still numerous bureaucratic hurdles for the client to overcome.
Proyecto básico
The first step is to apply for a „basic project“ from the architect's pen. „The so-called proyecto básico consists of a general description of the work and a cost estimate, as well as plans of the floor plans, elevations and sections“, explains Verena Rossbach, architect and co-director of the project management office „Matrol“. The detailed design, which includes construction plans, static calculations and structural analysis plans, must then be submitted.
Only after receiving the license for this proyecto de ejecución is one entitled to start the construction work. As a rule, an operating permit must then be applied for from the responsible municipality, as this is a condition for obtaining the construction license. For new buildings, this is a licencia de edificación, for renovation or conversion work a licencia de obras.
Building permits are not all the same in Mallorca. Especially for smaller projects, renovations or conversions, the confusion is sometimes huge.
The planning permission regulations introduced by Mallorca's island council in 2017 for buildings or conversions are sometimes completely absurd,
says Mallorcan architect Antonio Monserrat Oliver from Llucmajor.
The basic rule is that permission must be obtained from the respective town hall for any kind of work on a plot of land or in a property. Depending on the „severity“ of the work, different applications must be submitted.
Comunicació Prèvia Simple
For example, if you want to renovate your yard, repair windows or doors, paint the rooms, replace a water heater, install an air conditioning system or - and this is no joke - even replace a light bulb - you have to submit a „Simple Notification“ (Comunicació Prèvia Simple) to your town hall. The good thing: „You can then start work immediately without waiting for a reply“, says architect Antonio Monserrat Oliver. The less good news is that the application fee to be paid at the town hall amounts to 1.35 percent of the cost estimate for the work. A further 3.5 percent tax is added to this. These interest rates can vary from municipality to municipality. But they have one thing in common: „Pure money-grubbing“, says Antonio Monserrat.
Comunicació Prèvia complexa
For more demanding work, such as the renovation of roof beams, the repair of mörtel, minor cementing, the laying of tiles or the installation of photovoltaic systems, a „Comunicació Prèvia complexa“ must be submitted. It works identically to the simpler version. You can then start immediately without waiting for a feedback message. The fees for the application and taxes are the same.
However, if a municipal building inspector actually manages to inspect the construction work within six months of the application being submitted and comes to the conclusion that it may not comply with the regulations, the applicant must cancel the work - and pay a fine on top of that.
Obra menor and Obra major
The same applies to genuine building permits. They still have to be submitted to the respective town hall for „minor works“ (Obra menor) and „major works“ (Obra major), whereby the decision as to what is „minor“ or „major“ is not always clear to the property owner themselves. Thank goodness that an architect or technical architect (aparejador) is always required to submit the relevant project plans together with the application.
The individual construction of a finca can pass as „Obra menor“. The same applies to the repair of roof tiles, facade cleaning or the uncovering of natural stone walls indoors and outdoors. An „obra major“ is usually defined as work in which load-bearing parts of the building are affected.
Both minor and major planning permission is always valid for two years from the date of application. If the builder exceeds this period, it can be extended a maximum of two times (12 months and 6 months). Of course, this also costs money. In Llucmajor, these costs amount to 2.5 percent of the cost estimate for the entire project.
Between completion of the construction phase and moving in, a first occupancy license (licencia de primera) must be applied for the first use of the property. In order to be granted by the responsible municipality, it must be proven that the completed building complies with the requirements of the previously granted building permit and fulfills the technical, safety, hygiene and access regulations. The initial occupancy permits are usually required by the utility companies for electricity, water, gas and telephone.
