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PROPERTY

Do I need a permit to put a shed or wooden hut in my garden in Spain?

If you’re lucky enough to own a garden in Spain then you may be considering building a shed or similar wooden structure for it, but can you simply put one up or do you need a permit?

Do I need a permit to put a shed or wooden hut in my garden in Spain?
Do I need a permit to put up a garden shed in Spain? Photo: Manfred Antranias Zimmer / Pixabay

There may be many different reasons you want to put up a shed or hut in your garden. You may want a tool shed for your gardening equipment, a writing retreat, a playhouse for your kids, for extra storage, or even a changing room if you have a pool.

You may think that it’s your property so you can do what you like with it and put whatever you want in your garden, but it’s not quite that simple. Town halls or ayuntamientos have many different rules and regulations and could fine you for putting up a shed without the proper permit.

You need a permit for many works you undertake on your own property, even if they’re seemingly minor interior renovations or changes, not just big extensions. For example, you need what is called a ‘Licencia de Obra Menor‘ for all minor works such as installing a new bathroom or kitchen, changing the floors or redoing the electrics. 

READ ALSO: Do I need planning permission in Spain and how do I apply for it?

The answer to whether or not you need a permit or licence for a wooden shed in your garden is in fact not a simple one and depends on many different factors. This could be the town or municipality you live in, the size of the shed you want to erect, your neighbours and whether or not it spoils the view.

Size

The first thing you need to consider is the size of your shed. Generally speaking, the following rules apply:

Sheds less than 5 m2 – If your wooden shed has an area of ​​less than five square metres, you do not need to apply for any construction permit, nor do you need to inform the town hall of your intention to build or erect one. Wooden sheds that do not require masonry works, that are easy to move, and do not exceed 1.80m in height may also not require a licence.

Sheds between 5 and 20 m2 – A wooden shed of less than 20 square metres does not require a building permit but does require a prior declaration of work. This will allow the City Council to be aware of your intention to build one and let you know if there are any limitations. 

Sheds over 20 m2 – If your shed is larger than 20 square metres, it is necessary to apply for a building permit from your town hall. You also need to provide details on the type of materials and design of the shed, to find out what its impact will be and what considerations must be taken.  

Style and materials

  • The design, characteristics and materials may also affect the regulations you have to follow, depending on where you live. In some areas, you can simply bolt them to the ground instead of needing some type of foundation.
  • In other municipalities, you will be required to build the shed about 20 centimetres from the ground to prevent its installation from degrading the environment. Therefore it will need to be set on bricks or small stilts. 

Location  

If you live in a protected area, such as a historic town or a natural park, there may even be more rules and permits you’ll require.  

Consult your deeds

Before contacting anyone, you can also have a look to find out about what your property deeds say. Is your land developable and is there anything you need to consider, such as not spoiling the view for a neighbour or not building over a certain height?  

If you’re in any doubt about what type of shed you can and can’t build or if you need a permit, the best option before you buy anything is to go to your town hall or council to find out about your local regulations.

You should also contact urban planning to find out if there are any other requirements you need to meet.

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For members

VISAS

Spain’s soon-to-end golden visa: Can I still apply and what if I have it already?

Last April, Spain's government said it intends to axe its property-based golden visa scheme, but is it too late still apply, how long does it take and what happens if you have the visa already? The Local spoke to an immigration lawyer to find out.

Spain's soon-to-end golden visa: Can I still apply and what if I have it already?

The golden visa programme, also known as the visado de residencia para inversores in Spanish, grants non-EU nationals residency in Spain when they buy a property in Spain worth €500,000. 

It can also be obtained by investing €1 million in shares in Spanish companies, or €2 million in government bonds, or having transferred €1 million to a Spanish bank account. 

In early April, Prime Minister Pedro Sánchez announced he was axing the property-based golden visa, although there’s no new law in place yet.

READ MORE: What the end of Spain’s golden visa means for foreigners

More recently the government’s junior coalition party Sumar had said that they have now filed an official bill in the hope they can scrap it as soon as possible.

Sumar spokesperson Íñigo Errejón told journalists that the visas are a privilege that must be scrapped “immediately” because they have an inflationary effect on the housing market.

All of this means that those still interested in still getting the visa are confused. They don’t know when the scheme will end, if they still have time to send in applications and what will happen to those who are already in the process of applying.

In order to help answer some of these pressing questions, The Local Spain contacted María Luisa De Castro from CostaLuz Lawyers in to find out more. 

Q: When will the Golden Visa scheme officially end?

A: “The exact date for the official end of the Golden Visa scheme has not been fully detailed yet. Initially, changes would be implemented in the near future, potentially within the next few months. Some optimists believe it might be a bluff by the government and that it may not be implemented after all.”

READ MORE: When will Spain’s golden visa scheme officially end?

Q: Has the process of applying changed?

A: “As of now, the process remains unchanged, so it’s exactly the same as before.”

Q: Can people still apply for now?

A: “Applications are still being accepted. However, given the recent announcement, it is advisable for prospective applicants to act swiftly.”

Q: What will happen if I’m in the middle of the application process?

A: “For those currently in the middle of the application process, their applications will still be processed under the existing rules. Once the new regulations come into effect, it will very likely come with some transitional provisions to handle ongoing applications.”

Q: What about those who want to invest instead of buy a property?

A: “The visa remains available for other investment options such as investments in companies, public debt, etc.”

Q: What if I already have the golden visa through property investment, will I be able to renew it in the future?

A: “Our opinion (and that is what we will defend) is that renewal rights are acquired when the visa is granted and therefore cannot be subsequently reduced, as this would constitute a retroactive limitation of individual rights. The Spanish Constitution prohibits retroactive application of laws that are not favourable or that restrict individual rights once they have been acquired.”

Q: How quickly can I get the golden visa?

A: This depends on where you apply from. According to the CostaLuz Lawyers, if you’re applying outside the countryYou should apply at least 90 days before you plan to travel to Spain”. If you’re inside Spain, you can apply through the Unidad de Grandes Empresas. This could take anywhere between 20 and 60 days.

CostaLuz Lawyers argue that it’s not necessary to wait until the property purchase has gone through, that you can apply with your initial contract or a statement from your bank in Spain, certifying that you have deposited at least €500,000.

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