Building Licence on the Costa Blanca: Licencia de Obra or Declaración Responsable?

This is the question behind half the delays we see on this coast: an owner assumes a kitchen refit needs the same licence as a villa, waits for nothing, or assumes a villa extension is "just a reform" and starts without one. The rules are set by the regional planning law — the Texto Refundido de la Ley de Ordenación del Territorio, Urbanismo y Paisaje (Decreto Legislativo 1/2021, the TRLOTUP), most recently amended by Ley 5/2026 of 31 July. Articles 232 to 234 sort every kind of work into one of three routes.

The three routes, and what goes into each

Route	Typical works	When work can start
Full licence art. 232	A new house or villa; any new-build construction; earthworks and plot divisions; placing a prefabricated house; work on a listed building with heritage value	Only after the licence is granted
Declaración responsable art. 233.1	Renovation without structural change — kitchens, bathrooms, floors, new services; changes to the look of a building inside or out; non-structural walls; fencing a plot; first occupation of a finished building	The same day the complete filing is submitted
Declaración responsable + certificate art. 233.2	Work affecting the structure; demolition; change of use (for example a shop becoming a restaurant, or a garage becoming living space); works under the ground	The same day, once filed with the certificate from an accredited body (OCA) or professional college

The distinction that matters most in practice: structure. Replacing a kitchen, moving a bathroom within the same walls, retiling, rewiring, new windows in the same openings — all of that is ordinary reform. The moment a load-bearing wall comes out, a new opening is cut in the façade or a floor slab is touched, you are in the second category and need an architect's certificate behind the filing.

How a declaración responsable actually works

Article 241 of the law is short and worth knowing. You — or we on your behalf — file with the town hall:

• identification of the owner and of everyone involved in the works;
• a written and graphic description of what will be done and where — and a project signed by a qualified technician when the nature of the works requires one;
• any environmental documents that apply;
• the planned start date and how rubble and use of the street will be handled.

Once that is filed, complete, the owner is entitled to start immediately. The filing has the same legal effect as a licence and can be shown to anyone who asks — the community of owners, a neighbour, a police patrol. The town hall keeps the right to inspect afterwards.

The catch is in the same article: if anything essential in the filing is inaccurate, false or missing, the works must stop from the moment that is discovered, and the owner can be ordered to put things back as they were, with a sanction on top. The speed of the system rests on the filing being honest and complete. "It's only a small reform" written over a job that moves a structural wall is exactly how people end up with a stop order.

The 4% construction tax (ICIO)

Every one of the three routes triggers the Impuesto sobre Construcciones, Instalaciones y Obras. It is a municipal tax, and the national law caps it at 4%. Both Torrevieja and Orihuela charge the maximum:

• Torrevieja: 4% — and its ordinance states the tax is due when the works begin, even if no licence has been obtained. Starting without paperwork does not avoid it.
• Orihuela (including Orihuela Costa, La Zenia, Villamartín, Campoamor): 4% across the whole municipality.

The base is the real cost of executing the works — materials and labour, not the value of the property. On a €30,000 renovation that is €1,200; on a €400,000 villa build, €16,000. The town hall also charges a processing fee (tasa) that varies by municipality and type of works. Neither is optional, and neither is included in most quotations unless they say so — ours say so.

New builds: licence first, then first occupation

A new house needs the full licence before anyone breaks ground, and a basic project by an architect to apply for it. When the house is finished, a second step follows: the first occupation (primera ocupación) — itself filed as a declaración responsable under article 233.1 — which utility companies typically ask for before they connect the house in the owner's name. Budget for both in time and in fees; the full cost breakdown of a new villa is in our villa construction cost guide.

The community of owners is a separate question

Planning law is not the only permission. In an apartment building or an urbanisation with shared elements, the community's statutes and the Spanish horizontal-property law decide what you may touch: façades, terraces, the building's structure and anything shared usually need the community's approval, whatever the town hall says. Many communities also require notice before works start and set quiet hours. Ask the administrator for the statutes before the quotation, not after.

The mistakes we see most often

• Treating an extension as a reform. Closing a terrace, adding a room or a casita is new floor area. That is not a declaración responsable.
• Knocking through a wall without checking it. Many walls in older villas on this coast carry load. Once it is out, the filing you made is no longer accurate.
• Forgetting the change of use. Turning a garage into a bedroom, or a shop into a bar, is a change of use and needs the certified route.
• Buying a property with unlicensed works. An enclosed terrace or a pool without paperwork becomes the new owner's problem. Ask the seller for the licence or the filing.

Questions we get asked

Do I need a building licence to renovate my apartment in Torrevieja?

Usually not a full licence. A renovation that does not touch the structure — kitchen, bathrooms, floors, electrics, plumbing, windows in existing openings — goes by declaración responsable under article 233.1 of the TRLOTUP, and work can start the day the complete filing is submitted. You still pay the ICIO tax of 4% of the works in Torrevieja, and you still need your community of owners' approval for anything that affects shared elements.

How much is the construction tax (ICIO) in Torrevieja and Orihuela?

4% of the real cost of the works in both municipalities — the maximum the national law allows. In Torrevieja the ordinance makes the tax due when the works start, even without a licence. A separate processing fee (tasa) is charged on top and varies with the type of works.

Can I remove a wall with just a declaración responsable?

A non-structural partition, yes. A load-bearing wall affects the structure, which under article 233.2 still goes by declaración responsable but only with a certificate from an accredited certification body or a professional college, based on a technician's assessment. If you are not sure whether a wall carries load, assume it does until an engineer or architect has checked.

How long does a building licence for a new villa take on the Costa Blanca?

Months rather than weeks, and it varies with each town hall's workload and how complete the project is when it is submitted. The practical advice is to treat design and licence as one phase that runs well before the construction start date you have in mind — for a start next year, the conversation should happen now.

What happens if the declaración responsable was wrong?

Under article 241.5, if any essential information was inaccurate, false or missing, the works must stop from the moment it is discovered; the town hall can order the property returned to its previous state and open a sanction procedure. The system is fast because it trusts the filing, and it is strict when the filing turns out to be wrong.

How we handle it

Every quotation we issue says which of the three routes the works fall under, includes the filing, and lists the ICIO and fees separately so the total is the total. For structural work, demolition and new builds, our architect prepares the project or certificate. If you are not sure which route your plans fall under, send the address and a description on WhatsApp — the answer usually takes one message. Our design and permissions service covers the whole process.

Sources: Decreto Legislativo 1/2021 (TRLOTUP), arts. 232, 233, 234 and 241, as amended by Ley 5/2026; Ordenanza fiscal del ICIO, Ayuntamiento de Torrevieja; Ordenanza fiscal del ICIO, Ayuntamiento de Orihuela. This guide explains the general rules and is not legal advice for a specific property.