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Non Declared Buildings


The Ministry of Finance, through the Cadastral department of the taxing office is actually carrying out a macro plan throughout all Spain to detect non declared buildings, extensions and pools.  National and International newspapers such as El Pais and El Mundo along with TV broadcasts have been exposing the details of this macro operation which is targeting thousands of properties in Spain that aren’t declared to the taxing body and therefore not paying Council Tax. 

Cadastral office (dependent of the taxing body) has been conducting this research through technological formulas unprecedented in Spain thanks to aerial surveillance, satellite and other flying devices across Spain. In an attempt to recuperate their 80 million Euro investment by back taxing (Cadastral department can go back 4 years if they detect non declared extensions or pools) and through increase of council taxes, an estimated 1.254 million Euros in the Property Tax (IBI) alone, according to official figures by the Ministry. 

All this is an attempt to stop tax fraud on non-declared extensions, pools or even whole properties. The whole operation is expected to finish in 2017.

This new government initiative is nothing but a general amnesty of the taxing body just trying to upgrade the amount of taxes based on properties real sizes, and will only back tax you 4 years in case they detect non declared building, pools or extensions.

The problem is some Town Halls are using this information to fine extensions and pools done without licence and make a higher income.

As a result of this massive investigation and clamp down Martinez de la Casa Architects have seen a huge escalation in requests for Retrospective Licences / Certificates of Antiquity in order to make the building works unobjectionable to the Town Hall planning department, preventing a fine or action against properties owners that have built extensions or pools without the proper licence.  Most concerned are usually property owners wishing to sell that try to avoid putting off potential buyers, due to the existence of undeclared or unlicensed buildings.

If you have done any extension or pool and are concerned about this recent proactivity of the Spanish government and wish to protect yourself from potential fines from the Town Halls planning department, Martinez de la Casa Architects offer Antiquity Certificates / Retrospective Licences stamped by the Official College of Architects or Notarised and delivered within a very strict 7-10 days deadline after the survey requiring only your NIE and current Title Deeds to complete the certificate.  This document can also be used to upgrade your property’s Title Deeds with any extension or pool done to the property.

Conditions needed in order to obtain Retrospective Licences / Antiquity Certificates for extensions or pools are:

  • ALICANTE AREA: The extension or pool needs to be over 4 years old, before the 20th August of 2014 (a minimum of 6 years since built)
  • ALMERIA AREA: The extension or pool needs to be over 6 years old (except for natural parks and protected areas)
  • MURCIA AREA: The extension or pool needs to be over 4 years old (except for natural parks and protected areas)

The price of a Pool Antiquity Certificate or Retrospective Licence is 190 €+IVA and for Extensions plus Pool, or for the complete property, at 270 €+IVA. Only one certificate is needed to cover all the extensions & pool of the same property.

Other services include;

Energy Performance Certificates 121€ Inc. IVA,

Habitation Certificates from 118 € (price depending on each Town Hall)

Structural reports (544 € IVA Inc.)

Surveys (from 84,5 € IVA Inc.) and Licenses, amongst other services. 

Discounts are offered for existing clients, for groups or if you require your property's EPC, Habitation or Retrospective Licence done at the same time.


Article written by Antonio Martinez de la Casa Architects and translated/edited by Ana Marín Buchanan of RMB Spain - For all enquiries or to arrange an appointment please contact us.


LEGAL DISCLAIMER. Although accurate at the time of writing the information contained in this document does not constitute a legal contract or legal advice.  Please note that we cannot be held responsible for the contents and private legal advice should be taken.  No claims against RMB Spain, or its employees, in respect of the information above will be accepted.