Building Permits (Licencia de Obras) in Andalusia in 2026: LOUA Articles 169 and 169 bis, Major vs Minor Works and When You Need Council Approval

In Andalusia, most construction, renovation and demolition work requires some form of municipal authorisation before you begin. The framework lives in Articles 169 and 169 bis of the Ley de Ordenacion Urbanistica de Andalucía (LOUA, Ley 7/2002), which establishes a three-tier system: a full urbanistic licence for major works, a simplified licence for minor works, and a declaracion responsable that allows immediate start for low-impact works on existing buildings. Building without the correct authorisation can trigger fines of 50 to 100 per cent of the work’s value under Article 218, plus restoration orders that can require demolition.

What acts require a building permit under Andalusian law?

Article 169 of the LOUA lists the acts that require a prior municipal urbanistic licence. The list is broad: it covers all acts of construction, edification, installation and use of land, including the subsurface and airspace. Specifically, the article names parcelaciones and segregaciones, earthworks and aggregate extraction, infrastructure and urbanisation works, all construction works (whether new build, extension, modification or demolition) that affect structure, interior layout or exterior appearance, first occupation of buildings, changes of use, and protected-tree felling.

The key exception was introduced by Decreto-ley 2/2020, which added Article 169 bis to the LOUA on 13 March 2020. Acts that qualify for the declaracion responsable or comunicacion previa regime under 169 bis are exempt from the full licence requirement under Article 169.3. This means the Andalusian system now splits building control into two pathways: the traditional licence for anything that alters structure, height, occupancy or use, and the lighter declaracion responsable for works that do not.

What is the difference between obra mayor and obra menor?

The LOUA does not use the terms “obra mayor” and “obra menor” as statutory categories, but Andalusian municipalities apply the distinction in their local ordinances, and the practical split tracks the Article 169 and 169 bis divide. Obra mayor covers works that affect the structure, configuration, accessibility or exterior appearance of a building: new construction, extensions, structural alterations, facade changes and demolition. These require a full licencia de obras under Article 169, supported by a proyecto basico and a proyecto de ejecucion signed by a qualified architect. The process is substantive: the council verifies conformity with the urban plan, checks sectorial reports (heritage, coastal, environmental) and issues a resolution within a statutory maximum of three months.

Obra menor covers non-structural cosmetic works: interior partitioning that does not affect load-bearing walls, replastering, tiling, bathroom and kitchen refits that do not move plumbing risers, and similar alterations. Whether these need a simplified licence or can proceed by declaracion responsable depends on two factors: whether the works require a technical project under building legislation (if they do, they cannot use 169 bis) and whether the building sits on suelo urbano consolidado and conforms to the urban plan. If both conditions are met, the declaracion responsable path applies; otherwise, a simplified municipal licence is still required.

Control tier	Authorisation	Applies to	Start timeline	Council role
Obra mayor	Full licencia de obras (Art 169)	New build, extension, structural alteration, demolition, change of use	After council resolution (max 3 months)	Prior verification of conformity
Obra menor (no project needed)	Declaracion responsable (Art 169 bis)	Cosmetic, non-structural works on existing buildings on consolidated urban land	Immediate from filing	A posteriori inspection
Obra menor (project needed)	Simplified licencia de obras	Works requiring a technical project but not structural	After council resolution	Prior verification

What is the declaracion responsable and when can you use it?

Article 169 bis, introduced by Decreto-ley 2/2020 on 13 March 2020, created the declaracion responsable as a lighter-weight authorisation for specific low-impact acts. It covers five categories: (a) works of escasa entidad constructiva that do not require a technical project under building legislation, (b) works on existing buildings on suelo urbano consolidado that conform to the urban plan and do not alter occupancy, height, edificability or dwelling count, (c) occupation of completed works from category (b), (d) first occupation of new buildings that are complete, conform to their use and already hold a obras licence, and (e) changes of use within the permitted range for category (b) buildings.

The practical advantage is speed. Article 169 bis.3 states that the declaration faculta para realizar la actuacion from the day of filing, provided the required documentation accompanies it. There is no waiting period. The council retains powers of a posteriori verification, control and inspection, and under Article 169 bis.4 can order cessation if the declaration is inaccurate, incomplete or exceeds what was declared. Critically, Article 169 bis.6 provides that works carried out without filing the required declaration, or that exceed its scope, are treated as obras sin licencia for all purposes, attracting the same sanctions regime as unlicensed construction.

If your renovation requires any prior sectorial authorisation (heritage, coastal, environmental), Article 169 bis.2 requires you to obtain or include it with the declaration before filing. You cannot bypass sectorial controls through the declaration route.

How long does the council have to resolve a licence application?

The maximum period for the council to resolve and notify a licence decision is three months from submission of a complete application, as set out in the LOUA and confirmed by the Junta de Andalucía’s own guidance. If the council does not respond within that period, the licence may be understood as granted under positive administrative silence, in line with general administrative procedure law. However, the LOUA makes clear that no rights contrary to the territorial or urban plan can be acquired through silence. If you intend to start works under a silence-obtained licence, you must communicate to the municipality at least ten days in advance.

Licences are granted for a defined period. If no period is specified, the legal default is one year to start works and three years to complete them, both counted from the day after notification of the licence (or the expiry of the resolution period). These deadlines can be extended, but failure to start or complete within the timeframe causes the licence to lapse through caducidad.

What happens if you build without a permit in Andalusia?

Building without the required authorisation has two consequences under Andalusian law, and they are independent of each other. First, the administration can order restoration of legality (restablecimiento de la legalidad urbanistica), which typically means demolishing the unauthorised construction at the owner’s expense. This restoration action is not time-barred for works that violate the urban plan. Second, a separate sanctioning procedure can impose a fine.

LOUA Article 218 governs sanctions for works on buildable plots. It sets the fine at 50 to 100 per cent of the value of the executed work for construction, edification or installation carried out without a licence on land classified as buildable (parcelas o solares edificables). For works on non-buildable land or in protected zones, the sanctions are more severe. The fine does not legalise the work: even after paying, the owner must still either obtain a retroactive licence (if the works conform to the plan) or demolish.

The distinction matters for buyers of previously illegal properties: a property legalised under the LISTA framework or the Marbella PGOU process carries its legalisation document, but any subsequent unauthorised modification restarts the sanction and restoration exposure. The demolition orders guide covers how the restoration action works in practice.

When does the reduced 10 per cent IVA apply to renovation works?

The IVA rate on renovation works depends on the nature of the works and the recipient. Under Article 91.Uno.2.10 of Ley 37/1992 (the Spanish IVA law), a reduced 10 per cent rate applies to renovation and repair works on housing when: at least two years have passed since construction or the last comprehensive rehabilitation was completed, the recipient is an individual using the dwelling for personal use, and the works constitute renovation or repair rather than new construction. If materials supplied by the contractor exceed a defined proportion of the total, the general 21 per cent rate applies to those materials.

New construction, major structural extensions and comprehensive rehabilitations that affect the building’s structure are taxed at the general 21 per cent rate (or 10 per cent for the first delivery of new housing). The distinction between a renovation that qualifies for 10 per cent and a rehabilitation that may not is fact-specific. The energy renovation subsidies guide covers the IRPF deduction route that supplements the reduced IVA rate for qualifying energy-efficiency works.

What should foreign owners in Marbella know before starting works?

Foreign owners planning renovation or construction in Marbella should confirm three things before engaging a contractor. First, identify which control tier applies: a full licence for structural work, a simplified licence for minor works requiring a project, or a declaracion responsable for cosmetic works on consolidated urban land. The Ayuntamiento de Marbella urban planning department publishes the applicable forms and requirements.

Second, ensure the technical project (where required) is signed by a qualified architect who also serves as the direccion de obra, and that a construction safety coordinator is appointed for works involving more than one contractor or specific risk thresholds under RD 1627/1997. Third, arrange construction liability insurance (RC Obras) and, for new builds or structural extensions, the seguro decenal under the LOE framework.

The building and renovation cost guide provides EUR per square metre benchmarks for Costa del Sol construction, and the building book (Libro del Edificio) explains the documentation you receive on completion. If you are planning a declaracion de obra nueva to register a newly completed or legalised building in the Land Registry, the licence or declaracion responsable you obtained is the foundation document.