20 November 2025
Why the Declaración de Responsable System Was Introduced
In response to complaints about the lengthy legal process and approval times slowing down developments and buildings in Spain, the powers that be have introduced a system called Declaracion de Responsable. This is essentially a streamlined and speeded-up building licence process, where the onus of responsibility falls on the Applicant (or his technical representative) to ensure that the works will be done complying with all the necessary building parameters and pertinent laws.
This avoids waiting to begin your build until the licence applications have been reviewed, something that can take 6-18 months, depending on where you’re building. However, your team must be very experienced and technically skilled, so that you are confident that they know the building codes and the local restrictions and regulations inside and out and the plot affected must have no pending legal nor technical issues nor easements.
You also need to understand the scope of this Declaracion de Responsable (DR), so you don’t get any nasty surprises when there’s an inspection, or the final works need to be signed off to get the first occupation licence.
In this article, we’re answering your questions and drilling down into the DR, how you can use it and what you should not do.
Is a Declaración de Responsable an application for a building license?
No! The DR system is not the same as a Building Licence, it is there to facilitate information to the Town Hall that works will be undertaken, it is not an application for a licence. Please note, there are associated costs to bear in mind.
What could happen if I start building using a Declaración de Responsable without a building license and there are problems?
If there is an inspection and anomalies are found, the authorities can either stop the works or insist on the return to the previous status as well as apply a costly fine.
What can a Declaración de Responsable be used for?
The DR system is aimed at small scale, cosmetic, non-structural works which will take between six months and two years to complete and cost no more than €10,000. For example; retiling, painting and small refurbishments to an existing structure.
Works such as extensions, changes to exteriors of the existing building or any works to the structural integrity of a building are not permitted under this system. For works such as this, more detailed project documentation is required, including copies of quotes and Health and Safety measures in place, as well as a formal building licence granted.
Before starting work using a DR alone, you should have an experienced, independent professional such as a Project Manager to review your works and decide whether it will be sufficient, or whether you need a Licencia de Obra Menor (Small Works licence) or a Licencia de Obra Mayor (Major Works licence).
What should be included in the Declaración de Responsable file?
The DR file should include the minimum necessary descriptive or technical documentation to substantiate the DR notification. This will depend on the nature of the works to be undertaken.
Case Study: When the Wrong Approach Costs Time and Money
How a Misunderstanding of the Declaración de Responsable Nearly Cost a Client His Summer
We were recently contacted by an Estate Agent with a foreign Client who owned a nice sea front apartment in a beach front community and wanted to do work to it.
On the advice of the Agent, he had talked to two recommended builders, and had asked a technical architect to apply for a licence to cover the works, under the Declaracion de Responsable system. However, because this was quite a large project, the Client had asked the Agent to recommend a good and reliable Project Manager in Spain to ensure everything was being done correctly and would be completed on time and on budget and they recommended MDCI.
Thank goodness they did!
When we were brought onto the project, we instigated an in-depth review of the situation to date, so we could report back on the current status before we took control of the project. We were shocked by what we found.
- Community Restrictions Overlooked: The Community of Owners had a set of restrictions regarding refurbishment works during the summer months. The client was not informed of this, and the timeline did not reflect this, despite the fact that these restrictions would substantially impact the works and cause lengthy delays. The upshot would have been that he would not be able to occupy his refurbished apartment by the summer he had planned on!
- No Technical Plans or Approved Scope: The Builders who were chosen did not have any technical plans for the significant works they were due to complete. They were planning based on the Client’s “wish list” of requirements, but did not have formalised plans which the Client could approve before starting.
- Inflated Costs and Unclear Quotes: The quote was substantially inflated and well above market prices, totalling over €500,000. This was no doubt due to uncertainties in the scope of the assignment that would be better served by a technical person placing the bare bones on paper to gain some estimative quotes.
- Wrong Type of Licence Applied For: The assigned Technical Architect was aware of the scope of the project and the quote, yet had only gone down the Declaracion de Responsable route, rather than apply for a licence. As this is designed to be used only for minor cosmetic works, not superseding €10,000, this was clearly not the correct route to take and therefore was importing risk into the process.
- Estate Agent Overreach: Many of the decisions taken to reach this point had been orchestrated by the Estate Agent, not a specialist in construction. As a trusted advisor to the Owner, he had personally selected all of the proposed suppliers and identified the erroneous route to undertake the works. However, the Owner did not get a second opinion, or bring in an expert in this field before requesting a Project Manager and was then surprised that the recommendations were not correct.
- How MDCI Put the Project Back on Track: Due to all these issues, we had to go back to basics and reinitiate the process from the beginning, with a properly organised and clearly programmed process in a professional manner. Our tasks included applying for a licence and bidding out the works to more suitable constructors to gain agreements on a firm price under firm contractual conditions, thus exporting the risk and containing the price and timescale.