Construction Permission

Obtain results of geotechnical study / soil test

Agency: Private licensed company

A soil study is a requirement before construction specified in the Building Code (Ley 38/1999-Art. 3 & 7) and the Technical Building Code (Real Decreto 314/2006-Annex I-Section 2.1). Contractors ask for a soil test to ensure that the foundation of the building is solid. The engineer must understand the suitability of the soil for the proposed construction work. It allows to build a solid foundation and avoid structures to be damaged, collapsed or leaned.

Time and cost: 17 days, EUR 1,875

Request and obtain the official alignment (alineamiento oficial)

Agency: Municipality of Madrid

The certificate of alignment is issued by the Municipality of Madrid which provides the exact limit of the private property with respect to public roads.

Time and cost: 14 days, EUR 186

Obtain results of topographical study

Agency: Private licensed company

A topographical study is conducted prior to construction to measure the levels on the specific terrain. It is a general technical requirement when building a structure of this class. This procedure is required by Codigo Tecnico de Edificacion (March 2006) as part of the Basic Project to be presented.

Time and cost: 7 days, EUR 800

Obtain approval of draft project proposal and implementation plan (Visado del proyecto básico y proyecto de ejecución) from College of Architects of Madrid

Agency: College of Architects of Madrid

The College of Architects of Madrid must approves BuildCo’s draft project proposal and implementation plan. In particular, the College of Architects of Madrid verifies the professional qualifications of the individual in charge of the construction work and validates the correctness and completeness of the documentation provided for the project with respect to regulations.

The following documentation must be provided:

  • Report on the project
  • Implementation plan
  • Administrative and technical conditions’ statement
  • Measurements
  • Budget
  • Health and safety study

The procedure is legislated in “Real Decreto 1000/2010 “sobre visado colegial obligatorio”.

Time and cost: 3 days, EUR 1,155

Request and obtain a building permit (licencia de obras)

Agency: Municipality of Madrid

The documents required to obtain the license are the following:

  • A standardized application form and sheet containing the characteristics of the construction properly completed
  • Proof of payment of tax
  • Declaration by one or more technical authors (architect and project design specialists) that the project conforms to the appropriate town planning regulations, and certificate of the structural feasibility, if necessary
  • Declaration of the promoter that a signboard has been posted at the site to inform the public that a building license has been applied for and to provide information about the proposed operations and activities
  • Three copies of the technical project designs signed by qualified technician(s) and countersigned by the appropriate official institute (or in this case, by the project’s administrative supervision office, accompanied by the application sheets of the appropriate professional association)
  • Confirmation of the deposit of a guarantee
  • Authorization program for independent parts of the construction or approval of partial projects, if requested by the promoter
  • In cases of renovation/expansion of buildings included in the general catalog of protected elements in historic city centers or historic centers of peripheral districts and historic colonies, a color photographic description of the existing building that permits, during enlargement operations, confirmation of the correct alignment of the enlargement plans with the historic city zoning restrictions
  • License of parceling, if the new construction needs previous parceling
  • Official alignment, if required
  • Project design of installation of telecommunications infrastructure Real Decreto 346/2011
  • Project design of the use of solar energy for heating (either as an independent project design or as part of the general project design), signed by a qualified technician and countersigned by the appropriate official institute, if required by the Regulation Concerning the Harnessing of Solar Energy for Thermal Use
  • Reglamento de seguridad contra incendios en los establecimientos industriales RD 2267/2004, de 3 de diciembre, modificado en parte por el RD 560/2010 de 7 de mayo
  • Security and health certification or a basic certification regarding RD 1627/1997 de 24 de octubre
  • Certify the destination of all the construction waste and demolition (RCD) according to the Law 5/2003 and amendments by Law 9/2010 (regarding abandoned and discharged wastes)

This procedure is regulated by the Ordenanza Fiscal Municipal Reguladora del Impuesto sobre Construcciones, Instalaciones y Obras (ICIO), dated October 9, 2001 (in accordance with the amendments approved by Plenary Council dated September 25, 2013). Since the end of 2012, the time to obtain a building permit was reduced to approximately 45 days.

Time and cost: 45 days, EUR 52,005

Notify labor authority of the start of construction (apertura del centro de trabajo) at the Ministry of Employment, Tourism and Culture

Agency: Ministry of Employment and Social Security

Upon authorization from the College of Architects of Madrid, and in line with “Orden TIN/1071/2010, de 27 de abril” BuildCo must notify the Ministry of Employment, Tourism and Culture of the start of construction.

Time and cost: 1 day, no charge

Receive initial inspection

Agency: Municipality of Madrid

According to the building license, one on-site inspection must be carried out during construction and one at the end of the process.

If, during the inspections, the committee detects any possible infringements of the building regulations or criminal law, a proposal on sanctions must be made, and a copy of the written record is given to the public prosecutor. At minimum, administrative proceedings are initiated.

In each inspection report, a record is included that provides information on every person involved and their roles, as well as on the facts, circumstances, dates, and results of the inspection. The record is regarded as a public administrative deed. The record must be signed by the inspector(s) and by the person to whom the construction works have been attributed at the time of the inspection. The inspection can only be conducted once the construction has started, for that reason this procedure cannot be simultaneous with the previous one.

Time and cost: 1 day, EUR 375

Obtain completion certificate (visado del certificado final de obra -CFO) from College of Architects of Madrid

Agency: College of Architects of Madrid

Once construction works have been completed, the architect and surveyor must sign off a document certifying that the construction has followed the approved plans. Therefore, both individuals are responsible for the construction performed. This completion certificate must be approved by the College of Architects of Madrid.

This procedure is legislated in “Real Decreto 1000/2010, de 5 de agosto, sobre visado colegial obligatorio”.

This procedure can only be done when the consturciton is finalized, for that reason this procedure cannot be simultaneous with the previous one.

The basis of the cost is in “Precios del Visado de los Trabajos profesionales”. The formula used is the following: Cost of approval = Módulo x C x S x Qv x F / 6000. For a warehouse such as the Doing Business case study: M = 497.43; C = 9.00; S = 1300.6; Qv = 1.40; F = 0.15. Therefore, cost of approval is 497.43 *9*1300.6*1.40*0.15/6000 =203.79 EUR”

Time and cost: 3 days, EUR 204

Request final inspection in connection with the occupancy permit (licencia de primera ocupacion y funcionamiento)

Agency: Municipality of Madrid

The cost details to request and receive final inspection is provided on the official website of the Municipality of Madrid, (www.munimadrid.es).

Time and cost: 1 day, EUR 1,116

Receive final inspection

Agency: Municipality of Madrid

BuildCo. can receive a final inspection once the construction is finalized. For that reason this procedure cannot be simultaneous with the previous one.

Time and cost: 1 day, no charge

Obtain occupancy permit (licencia de primera ocupación y funcionamiento)

Agency: Municipality of Madrid

As soon as construction is finished, in order to receive the first operating license (licencia de primera ocupación), the builder must submit the following documents:

  • Final certificate of terminated construction (declaration of conformity), which must be signed by the technical director of the work. This certificate must declare that the constructed building is in accordance with the issued license. For modifications that do not need approval of the City Council (23.2 of the Ordenanza Municipal de Tramitación de Licencias Urbanísticas de 23 de diciembre de 2004), the builder has to detail these modifications.
  • If urbanization works have been carried out simultaneously with construction, and this urbanization was completed by the builder, the builder must present the final certification of these works.
  • Certificado final de obra visado por el Colegio Profesional y Plan de Autoprotección (Ordenanza Municipal de Tramitación de Licencias Urbanísticas de 23 de diciembre de 2004 – BOCM de 7 de enero de 2005)

The purpose of the operating license is to verify that the construction and activities have been executed according to the project and the conditions under which the license had been granted, and that the construction has been completed and is adequate for urban determinations, the atmosphere and the security of its specific destination.

Time and cost: 60 days, no charge

Register the new building

Agency: Property Registry

With the occupancy permit BuildCo. can register the newly built warehouse. Registration fees cannot exceed EUR 2,181.00 according to “Real Decreto 1427/1989, de 17 de noviembre, por el que se aprueba el arancel de los registradores de la Propiedad”

Notary and registration fees depend on the value of the building. This can only be requested upon reception of the occupancy permit.

Time and cost: 18 days, EUR 1,255

Request and obtain water connection

Agency: Canal de Isabel II

In parallel with registering the building. BuildCo. can request the water services. If the flow of water is less than 6 liters per second or if fewer than 25 counters are needed in one hall, only the following documents must be submitted:

  • Technical report (Memoria técnica), not required if the flow of water is less than 3 liters per second
  • Form 2.1.4
  • Confirmation of fee payment (EUR 12.28 must be paid at the counter)
  • Two copies of Form 2.1.3 (Impreso de Final de Obra)

If the required flow of water is more than 6 liters per second or if more than 25 counters are needed in one hall, the following additional documents must be filed:

  • Project design from an engineer specialized in planning water facilities
  • Fee (in this case, a certain percentage of the budget)

Since this procedure can be applied to another organization, it can be simultaneous with the previous one.

Time and cost: 10 days, EUR 1,200