Andalusia’s planning law, Ley 7/2021 (LISTA), separates building work into two main routes. Minor works of simple construction that need no architect’s project generally go ahead on a declaración responsable, a formal notification filed by the owner. Works that affect structure, external appearance, volume or use need a licencia granted in advance. Each town hall sets its own forms, fees and documents, so the details must be checked locally.
Which law governs renovation permits in Andalusia?
Planning in Spain is regional and municipal. In Andalusia the framework is Ley 7/2021, de impulso para la sostenibilidad del territorio de Andalucía, known as LISTA, dated 1 December 2021 and developed by a general regulation. The consolidated text published in the BOE has been amended since; the version we checked carries amendments up to April 2026.
LISTA sets out the types of administrative control over building activity — principally the licence and the declaración responsable — and each ayuntamiento then publishes its own ordinance, forms and fee schedule. That is why the same bathroom renovation can involve slightly different paperwork in Marbella, Mijas or Nerja. This guide explains the logic; your town hall’s urbanismo department has the final word on the details.
What is a declaración responsable?
A declaración responsable is a document in which the owner, as promoter of the work, declares to the town hall that the works comply with the applicable rules, that they hold the required documentation and that they will keep complying while the work lasts. It replaces the old model of waiting for permission for smaller works.
Municipal guidance that applies LISTA describes the works on this route as including works of minor construction and technical simplicity that do not require a project, and works on existing buildings in urban land that do not alter occupation or height or increase buildable area or the number of homes. Town hall guidance we reviewed states that, once filed with the required documents, the declaration enables the work from the day it is presented — but if other authorisations are needed, for instance on heritage grounds, work cannot start until those are obtained. The town hall can inspect afterwards and require corrections.
When is a full licence needed instead?
The licence route applies to works that go beyond that threshold. As a practical rule of thumb, expect a licence if the job involves any of the following:
- Altering the structure: load-bearing walls, beams, columns, floor slabs.
- Changing the exterior: façade openings, enclosing a terrace, altering the roof.
- Increasing volume or floor area, or adding a dwelling.
- Changing the use, such as turning a commercial unit into a home.
- Working on a protected building or in a protected historic area.
Many of these also need a technical project under the national building law (LOE), drawn up by an architect or aparejador. Whether a particular job falls on the licence side is decided by the town hall, not by the builder (to be verified case by case).
Who files the paperwork, and what does it usually involve?
The owner, or someone acting for them with proof of representation. The builder does not file it on the owner’s behalf in our arrangement: we provide an accurate written description of our scope, so that what is declared matches what is done. If a technician is required, they prepare the technical documents.
Documents and payments vary by municipality, but town hall guidance commonly lists:
- The completed form, with the cadastral reference or address and a clear description of the works.
- Proof of representation if someone files on your behalf.
- Payment of the municipal fee and the construction tax (ICIO), self-assessed on the budget of the works.
- A deposit to guarantee correct management of construction waste, returned once proper disposal is proven.
- A separate permit to occupy the street with a skip or materials, if needed.
Exact fees, rates and forms differ between towns (to be verified with your ayuntamiento).
What happens if works are done without the right paperwork?
Spanish planning law gives town halls powers to inspect, to stop work, to require works to be legalised or reversed and to impose penalties. We do not quote figures here because they depend on the type of breach and the municipality. The practical risks for an owner are more immediate: a neighbour’s complaint can halt the job mid-way, unpermitted alterations can complicate a future sale, and a buyer’s lawyer will ask about them.
The simplest protection is to describe the scope accurately from the start. If, during the job, the scope grows into something the original notification did not cover — a wall that turns out to be structural, for example — the paperwork needs to be revisited before that part of the work continues.
The same logic applies when you buy. If the property you are acquiring has an enclosed terrace, a converted garage or a second kitchen that does not appear in the cadastral description, ask your lawyer to check its status before you plan a renovation around it. Renovating over an irregular alteration does not regularise it.
How do we fit into the permit process?
We are clear about our role. We do not prepare technical projects and we do not apply for licences. What we do is tell you, at the first visit, whether the scope you are asking for looks like minor interior work or something that will need a technician, and give you a written description of the works that you or your representative can use when filing.
If the community of owners also needs to be informed — which in an apartment block it does — our owners’ community guide explains that separate step. And if your plans go beyond what a renovation can legally or technically address without an architect, our guide on what a renovation will not fix explains why. For the overall scope, see our full renovation page.
Official sources
- Ley 7/2021 (LISTA), consolidated text – BOE
- Town hall guidance on filing a declaración responsable for works (Monachil)
- Municipal declaración responsable form for minor works citing LISTA (Vera town hall)
- Ley 38/1999 de Ordenación de la Edificación (LOE) – Congreso de los Diputados
Bauman Raymond Attila · Reformas Integrales Málaga · Avenida Antonio Belón 3, Marbella. Last reviewed: 05/11/2026.
