Renovating without a permit in Valencia: fines, time limits and how to legalise the works

Renovating in Valencia without a responsible declaration or a building permit is a planning offence. The TRLOTUP, the Valencian Community's planning law, punishes it with a fine of 2–6 % of the value of the works if what was built can be legalised, and 25–50 % if it breaches the rules. On top of that, the City Council can order the property to be returned to its previous state for 15 years after the works were finished. Here we explain what counts as unpermitted works, how they get discovered, what happens when the notice arrives, what it costs and how to legalise a renovation that has already been done.

Which works count as "without a permit" in Valencia?

The permit is not for "renovating" in the abstract but for specific works. Painting, replacing kitchen units or swapping sanitaryware without moving pipes is not building work and needs no paperwork. As soon as you touch partitions, electrics, plumbing, floors with a new screed, ceilings, the façade or the windows, you need at least a responsible declaration (declaración responsable); if the renovation affects the structure, the façade of a listed building or changes the use of the property, a building permit (licencia de obra). Which procedure applies to each renovation is explained in our guide to building permit or responsible declaration in Valencia.

"Unpermitted works" means any of three situations: nothing was filed; a responsible declaration was filed for a cosmetic refurbishment and a re-layout was carried out; or a permit was obtained and more was built than the project showed.

How does the City Council find out about unpermitted works?

Almost always from the neighbours. A complaint about noise or dust brings the Local Police, and the first thing they ask for is the file number. The second route is the street: a rubble skip or scaffolding needs its own public-highway occupation permit, and the inspector sees the works as soon as there are any. The third is the owners' community, if common elements have been touched. And the fourth comes late: when the flat is sold, the buyer or their bank compares the real layout with the cadastre and the land registry. To avoid noise complaints, keep to the permitted hours: they are in our guide to building works hours in Valencia.

What happens when you get caught? Suspension and two months to legalise

The procedure is set by articles 252 and 254 of the TRLOTUP. The City Council orders the works to stop and, in the same notice, gives two months to apply for the permit or file the responsible declaration, that is, to legalise what has been done. If nothing is filed within those two months, or what was built cannot be legalised, the restoration procedure (restauración de la legalidad) begins: an order to return the property to its previous state, which can include demolishing partitions or closing openings.

In parallel, and separately, the sanction file is processed: the fine. They are two different files. Legalising the works removes the restoration order, but does not automatically cancel the fine.

How much is the fine for renovating without a permit in Valencia?

The TRLOTUP has no flat rate: the fine is calculated on the value of the works.

• Works that can be legalised, which comply with the rules but were done without the paperwork: 2–6 % of the value of the works carried out, with a minimum of €300 (art. 285.1). On a €50,000 renovation, between €1,000 and €3,000.
• Works that breach planning rules: excess height or volume, uses not allowed, unauthorised basements, attics or mezzanines, breaches of setbacks, or demolitions the plan does not permit: 25–50 % of the value of the illegal works, with a minimum of €600 (art. 282).
• Listed buildings and protected ensembles: 25–50 % of the value (art. 283).

For other offences the general scale is €300 to €3,000 for minor ones, €3,001 to €30,000 for serious ones and €30,001 to €1,500,000 for very serious ones (art. 267.2). And one rule closes the door on doing the maths: the penalty can never be lower than the benefit obtained from the illegal works (arts. 267.3 and 267.4). The fine comes on top of the ICIO tax and the municipal fee that would have been paid with a normal filing: nobody waives those.

If you acknowledge responsibility and pay the fine voluntarily before the decision, Law 39/2015 (art. 85) provides a reduction of at least 20 % for each of those two things, and they add up.

Time limits: 15 years for restoration, 1 to 4 years for the fine

There are two different periods here that are often confused.

The first is the period in which the City Council can demand restoration, including demolition: 15 years from the complete finishing of the works (art. 255.1). Works are considered finished when they are ready for use without any further work (art. 255.2). That period does not exist for green zones, roads and open spaces designated in the plan, publicly owned property, buildings in the General Inventory of Valencian Cultural Heritage and non-developable land (suelo no urbanizable): there the action never expires (art. 255.5).

The second is the limitation period of the offence, which determines whether they can still fine you: one year for minor offences and four years for serious and very serious ones, counted from when it was committed or from when the works became visible from outside (art. 270). In other words: five years after an unpermitted re-layout they can no longer fine you for it, but they can still order you to undo it.

How to legalise a renovation already carried out in Valencia

Step 1. Stop the works if they are still under way and document the real state: plans, photos and a list of what has been done.

Step 2. An architect or technical architect checks whether what was done complies with the rules and determines the procedure: for non-structural works, a responsible declaration filed after the fact; for structural works, a project and a legalisation permit.

Step 3. File the application at the Valencia City Council's electronic office, paying the fee and the ICIO, 3 % of the material execution budget, the same as in a normal filing.

Step 4. If a sanction file is already open, reply within the deadline attaching the legalisation filed: voluntary regularisation is taken into account when setting the fine within the range.

If the works do not comply with the rules, for example a balcony enclosed and merged into the living room in a building where that is not allowed, they cannot be legalised: the way out is to return it to its original state or to carry the risk of a restoration order for 15 years.

What unpermitted works mean when selling, in the community and for insurance

When selling: for a declaration of new build (declaración de obra nueva), for example an extension, the notary requires the permit or proof that the restoration period has expired (art. 28 of the Land Act). And when the real layout does not match the cadastre, the sale and the buyer's mortgage are delayed.

In the community: works on common elements without the owners' meeting's approval give the community the right to demand their reinstatement under the Horizontal Property Act, regardless of what the City Council does.

With insurance: if a pipe moved without a permit causes damage to the flat below, the insurer can reject the claim if the works were not filed.

How we do it at Build Valencia

The paperwork is included in the quote: we identify the right route on the first visit, prepare the documentation with our technicians, file it and do not start the works without a file number. Price and deadline are fixed by contract, both for a full renovation in Valencia and for a commercial unit renovation.

Frequently asked questions

Can I start the renovation while the responsible declaration is being processed?

Yes: with a responsible declaration the works can start as soon as the complete documentation is filed. With a building permit, only after the decision.

Does legalising works cost more than filing on time?

The fee and the ICIO are the same. What makes legalisation more expensive is the technician's work on the real state of the works and, if there is a file, the fine.

They have discovered a renovation from five years ago, what can happen?

The offence is time-barred for fine purposes (four years at most), but the restoration action lasts 15 years. The safest course is to legalise it voluntarily.

Do I need a permit to renovate a commercial unit?

Yes, and besides the works permit you need the activity licence. We explain it in our guide to how much it costs to renovate a commercial unit in Valencia.