Date Published: 26/02/2025

Types of building licence in Valencia and Alicante and how to get them

If you are planning building work to your property in the Valencian Community, you need to know the right type of licence to apply for

by John Michael Kirby, Technical Architect and Building Engineer

There are just two types of building licence in the Valencia region, one for major works and (logically) one for minor works. The distinction between 'licencia de obra mayor' and 'licencia de obra menor' is based on the scale, complexity and impact of the construction or renovation work.

Major works licence

A Licencia de Obra Mayor (Major Works Licence) is required for larger-scale construction or renovation projects that significantly alter the structure, use or appearance of a building or property. Some examples include:

New construction of buildings
Major structural modifications (e.g. adding or removing load-bearing walls)
Changes to the use or purpose of a building (e.g. converting a residential property into a commercial one)
Significant expansions or extensions of existing buildings
Works that affect the façade or external appearance of a building

Obtaining a licencia de obra mayor involves a more complex and lengthy approval process, including detailed architectural plans, technical reports and compliance with urban planning regulations.

Minor works licence

A Licencia de Obra Menor (Minor Works Licence) applies to smaller-scale, less complex works that do not significantly alter the structure or use of a building. These works are considered to have a minimal impact on the property or its surroundings. Examples include:

Interior renovations that do not affect load-bearing walls (e.g. changing flooring, painting, or installing new cabinets)
Minor repairs or maintenance (e.g. fixing plumbing, electrical systems, or roofing)
Installing or replacing non-structural elements (e.g. windows, doors, or partitions)
Small-scale improvements to outdoor spaces (e.g. building a small shed or garden wall)
Works that do not change the building's use or increase its built area

The process for obtaining a licencia de obra menor is simpler and faster, often requiring only basic documentation and notification of commencement and possibly posterior approval from the local council.

It's important to note that there is a grey area and it is worth consulting with the local council to confirm whether a specific project qualifies as obra menor or requires a licencia de obra mayor, as regulations can vary depending on the location and specific circumstances. That consultation is free and can often be done over the phone.

The notification of commencement can be done through a declaración responsable, which can be done from home if you have a digital signature. This declaration allows individuals or companies to carry out certain activities, including minor construction or renovation works, without needing prior administrative approval. Instead of obtaining a formal licence, the declaración responsable serves as a self-declaration that the proposed works comply with all applicable regulations. This streamlined process is often used for obra menor (minor works) to simplify bureaucracy.

One of the key features to remember about a Declaración Responsable is that it's a self-declaration. The property owner or responsible party declares that the works comply with urban planning, building and other relevant regulations. Unlike a formal licence, no prior approval from the local council is required. However, the works must still comply with all legal requirements.

The declarant (normally the owner but, you could make that the builder/developer) assumes full responsibility for the accuracy of the information provided and the compliance of the works with all regulations. The declaración responsable must be submitted to the local council before starting the works, and the council may conduct inspections to verify compliance.

Here’s what you will need to do to make a declaration:

Check that your works qualify for one. Confirm that the works fall under the category of obra menor (minor works). Then prepare the required documentation which includes a detailed description of the works to be carried out, including their purpose and scope. Depending on the complexity of the works, you may need basic plans or sketches prepared by a qualified architect or technician. You also need to provide documentation proving you are the owner of the property and finally your identification details (e.g. TIE, DNI, NIE or passport).
After completing the Declaración Responsable Form, which can be done online, submit the Declaration, which can also be done online through the local council's electronic office (Oficina Virtual).
Pay any applicable fees and once submitted, the council will acknowledge receipt of your declaración responsable. You can usually start the works immediately after submission.

Those are the public routes to licences. There is a private route for some licences, including certain major works categories which completely skip the municipal technical department and all the delays that this can and probably will cause you. In the Valencia region entities called ECUVs can issue technical approval instead of the municipal technician.

John Kirby is a Technical Architect and Building Engineer (UPV), having won the award for outstanding academic achievement. He is the first foreigner to win that award and the only foreigner to ever be Municipal Technical Architect in Spain and a Judicial Property expert witness in Spain. He is Commissioner for Expatriates of the Valencian government and Ambassador for Spain and Gibraltar for Chartered Association of Building Engineers (UK).

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