The essentials
- Renovation without touching the structure: responsible declaration (article 233.1 of the TRLOTUP).
- Work on the structure, demolition or change of use: responsible declaration accompanied by a certificate from an approved body or a professional association (article 233.2).
- New construction, earthworks, prefabricated house: planning licence (article 232), response time of two months in principle (article 240).
- With a complete file, the responsible declaration allows work to start as soon as it is filed; the town hall checks it afterwards (article 241.3).
- ICIO: a municipal tax on building work, which the town council may introduce, at a rate of up to 4% of the execution cost (articles 59 and 102 of the TRLRHL).
Responsible declaration or licence: the Valencian rule
The planning rules of the Valencian Community are brought together in a single text, the TRLOTUP (Decreto Legislativo 1/2021). It distinguishes work subject to a licence, work that falls under a responsible declaration, and work that requires a declaration accompanied by a certificate.
The responsible declaration is a file you submit to the town hall, in which you declare that the work complies with the rules. It has the same legal effect as a licence (article 241.4), without waiting for a reply.
| Work | Regime | Article |
|---|---|---|
| Renovation without altering the structure, maintenance without scaffolding on the public highway | Responsible declaration | 233.1.c |
| Alteration that changes the interior or exterior appearance, without replacing a main structural element | Responsible declaration | 233.1.b |
| Non-load-bearing walls, plot fencing | Responsible declaration | 233.1.e |
| Work on the structure, demolition, change of use, basement work | Responsible declaration with certificate | 233.2 |
| New construction or installation, earthworks, prefabricated house | Planning licence | 232 |
| Listed or protected building, work affecting heritage value | Planning licence | 232.f |
Pool and terrace: cases to check
Building a pool involves digging and creating a new structure: article 232 makes both operations subject to a licence (earthworks, new constructions and installations). Renovating the finish of an existing pool does not fall under these categories: ask your town hall how it classes it.
For a terrace, it all depends on what it involves: a change of flooring, a new slab, earthworks or a roof. Describe the project to the town hall, with photos, before filing anything.
If your plot is classed as non-developable land (suelo no urbanizable), a specific regime applies to construction (articles 210 onwards of the TRLOTUP): check this classification before any building project.
What the file must contain
Article 241.2 of the TRLOTUP lists the documents that accompany a responsible declaration:
- the identity of the client and the parties involved;
- a written and graphic description of the work and its location;
- a project signed by a qualified technician, when the nature of the work requires it;
- environmental documents, where applicable;
- the planned start date and how rubble and the public highway will be managed.
The ICIO, the municipal tax on building work
Town councils may introduce the tax on constructions, installations and works (Impuesto sobre Construcciones, Instalaciones y Obras, ICIO). It applies to work subject to a licence as well as to a responsible declaration (articles 59 and 100 of the TRLRHL).
It is calculated on the real execution cost of the work, excluding VAT, taxes, fees and the company's profit. Each town council sets its own rate, up to a maximum of 4%, and the tax is due as soon as work starts, even without a licence (article 102).
Scaffolding set up on the public highway also requires a separate permit for occupying public land, distinct from the declaration (article 233 of the TRLOTUP).
In Busot, who to contact
The planning department (urbanismo) of Busot town hall is at calle Doctor Brotons, 4, on the ground floor. You can reach it on 965 69 81 56 and at busot@busot.es; paperwork can also be filed through the town council's online office (sede electrónica).
In another town in the province, the principle is the same: the planning department (urbanismo) of the town hall will tell you which regime applies to your work and which documents are required.
If you ask us for a quote, attach photos and a description of the work: the same description will serve for your file at the town hall.
Official sources
- Decreto Legislativo 1/2021, consolidated text of the TRLOTUP, articles 210 to 212 and 232 to 241 (BOE)
- Real Decreto Legislativo 2/2004, consolidated text of the TRLRHL, articles 59, 100 and 102 (BOE)
- Busot town hall, planning department
General information, written from the official texts cited and verified on the date shown. It does not replace advice from your town hall, your tax adviser or your architect, who alone can rule on your specific case.
Verified on