What is the difference between major works and minor works? Which works do not need a permit?

Question

José Manuel Alburquerque · Accepted Answer

The Catalan planning act does not speak of major and minor works but of whether the work requires a technical design (“proyecto técnico”), the document signed by an architect or another qualified professional. Works that require one, such as building, extending or altering the entire structure of a building, need a permit from the town council. This is what is usually called major works. For works that do not require one, minor works, a prior notification is generally enough. This is a document with the details of the works that is submitted to the town council and does not require you to wait for a permit. Almost no works carried out by a private individual are free of all formalities, because the law only exempts certain public or very specific operations. Permit or prior notification When a technical design is required is laid down by the “Ley de Ordenación de la Edificación”, the Building Act, which is a national law. In general it is required for new buildings, for works that significantly alter the exterior appearance, volume, overall structure or main use of the building and for works on protected buildings. Under the consolidated text of the Catalan planning act (the “texto refundido de la ley de urbanismo”), the following need a permit, among other things: Constructing a building and works on or demolition of existing buildings that require a technical design. Changing the use of a building or commercial premises to residential use, even if the works are small. Installing a prefabricated house, even a temporary one. Turning a home into a holiday let in the 262 municipalities covered by Catalan Decree-Law 3/2023, including Barcelona. The following only need a prior notification, among other things: Renovation, extension or demolition works that do not require a technical design. Changing the use of a building or commercial premises to any use other than residential. Walls and fences, signs visible from the street and solar panels. On non-developable land, almost everything that would go through a notification in a town needs a permit. Outside Catalonia, town councils usually use the term major works for works that need a permit and minor works for those that go through a “declaración responsable” (declaration of compliance) or a notification. What needs no formalities at all Catalan law only excludes certain operations from both the permit and the notification requirement, such as development works under an approved plan, works ordered by the town council itself that do not require a technical design or certain forestry work. Small works by a private individual inside their home are not on that list. In Barcelona, if they do not change the layout, the structure or the façade, they go through the simplest procedure, the “assabentat” (Barcelona's notification of works), a notice to the City Council with no supporting documents. Going through a notification does not exempt you from complying with the rules. In law, carrying out under a notification works that required a permit is the same as doing them without permission, with the risk that the town council will order them to be stopped or undone and will impose a fine. How it works in Barcelona The municipal ordinance on building works distinguishes four procedures: The major works permit, for building, extending, altering the entire structure, creating new homes, changing the main use of the building or demolishing. The type I notification, which takes effect after one month, for works such as those affecting part of the structure or the renovation of two or more homes in the building. The type II notification, under which work can start on the day after the complete documentation is submitted, for renovations that change the layout without touching the structure, such as removing or moving partition walls. The “assabentat”, for interior works that do not affect the layout, the structure or the façade. For protected buildings the procedure is more demanding. There is usually a fee to pay, as well as the “impuesto sobre construcciones, instalaciones y obras”, the municipal tax on building works, which is a percentage of the quote for the works. The permission of the owners' association (the “comunidad de propietarios”), where needed, is a separate matter and the permit does not replace it.