Building Project Management
Thinking of building rather than buying? This can be very exciting project with many phases. Should you require guidance in any or all of the steps to be taken we will do so gladly. Landcaster Real Estate also manages construction of properties in Sotogrande should you choose to work with us. If you are just looking for assistance here are the steps to follow:
Land Acquisition and Pre-construction stage
- Land Purchase
- Project Execution Plan
- Cost Planning
- Contract Conditions
- Legal and fiscal planning
- Health and Safety
- Environmental Issues
- Technical Audit
- Insurances and Defect
- Post Project Evaluation
- Architectural design
- Design Planning
- Active Reporting
- Managing the building company
- Quality control
Before the construction of any building can begin a “licencia” (building permit) must be obtained, regardless of whether the structure is to be used as a dwelling, or whether or not it has foundations. This same permit is compulsory for any work carried out on an existing building where this work would; change the usage, exterior appearance, modify the volume, or where extra floors would be created. (Note: you need a building permit for a prefabricated wooden house.)
There are two types of building permits:
- Permit for minor works: walls, terraces, and barbecues.
- Permit for major works: new buildings, alterations, and demolitions.
These permits are not complicated to obtain. For minor works, you need to simply request a “licencia de obra menor” at your Town Hall including a small description of the work to be undertaken and an estimation of the costs (for tax purposes). The tax is paid at the end of the job and is normally calculated at around 4 to 6% of the construction cost.
To obtain a building permit for major works you will need:
- Technical dossier (proyecto) created by an architect registered in the Spanish architecture college.
- A technical architect (aparejador), normally chosen by the architect. The technical architect is the site manager in official control of the building site.
- A builder.
All three of these professionals have to sign the application. We can help you get in contact with these!
Submitting the “solicitud de licencia”:
This application is submitted either in person or by registered letter to the local Mayor “alcalde”, where a receipt (recibo) will be issued; the application is usually processed within two months of receiving the registered letter.
Following the submission a notification letter will be sent with the application number. An examination to confirm that the presented information is correct will be carried out and then the details of the request will be posted in the Town Hall. This is to verify compliance with the building rules. A tacit approval may be assumed two months from the date of submission. The permiso de construir (building permit) will normally be delivered within that time.
Note: You will automatically obtain the license (if presented with correct information and compliance with building regulations) if the building authority does not give you a notification within two months,.
All parties involved in the construction of the building carry responsibility according to the building act LOE of 5th November 1999 (Ley de Ordenación de la Edificación).
Without prejudice to their contractual responsibilities, the individuals or legal entities who assist in the building process are liable to the owners and third party buyers of the building or any parts thereof, should the building be divided.
The following property damages affecting the building within a specified time, starting on the date of the commencement of the works without reservation or starting on the date of the correction of such reservations:
Responsibility is assigned for faults in the building in the time frames specified as follows.
For a ten year period, any structural damage caused to the building due to faults or defects affecting the foundations, supports, beams, framework, load-bearing walls, or other structural elements which directly jeopardies the building’s mechanical resistance and stability.
For a period of three years, damages caused to the building by faults or defects in the constructive elements or services, which result in the building failing to meet habitability requirements.
The builder will likewise be liable for damages due to construction faults or defects affecting elements of the finish work for a period of one year.
Each party is individually liable for their own acts or omission and for those of the persons for whom they are legally responsible according to law.
Notwithstanding this, when the liability for the damages cannot be assigned to an individual or group, those involved will be held jointly responsible. In any event, the developer will be jointly liable with all other agents involved to the buyers for the property damages to the building caused by construction errors or defects.
This is why it is important you choose the correct team to carry out your building project. Landcaster is happy to assist you.
Responsibility of the builder:
The builder is directly liable for damages caused to the building due to faults or defects derived from lack of skill, lack of professional or technical qualification, negligence or non-compliance with the obligations of the Construction Manager and the other individuals or legal entities reporting to them.
This also includes if a builder subcontracts to other individuals or legal entities for the performance of certain tasks or services, they will be directly liable for the damages, due to faults or defects in the execution of such works, without prejudice to the recourse he might have against subcontractors
The following property damage or surety policies are required as guarantees:
A property damage or surety insurance policy to guarantee for one-year compensation of the damages caused by execution faults or defects which affect the finished work.
A property damage or surety insurance policy to guarantee for a period of three years, compensation of damages due to faults or defects in constructive elements or services which result in the non-compliance of the habitability requirements.
Note: In the case of autopromoción, the developer and the buyer figure as the same person, no property damage insurance policy is required for a period of ten years.
Dislaimer: The content of this document is provided for guidance only, and while every effort has been made by Landcaster to ensure the accuracy of the information and translations contained, no liability can be accepted for any errors omissions and inaccuracies, or for the opinions expressed herein.