Do I need planning permission to enclose my terrace? A guide for Andalusia
Short answer: Yes. In Andalusia, enclosing a terrace always requires some form of council approval: usually a declaración responsable (self-declaration) or a minor works licence, depending on each council's bylaws and on whether the enclosure changes the façade and the built area. If you live in a block, you also need the agreement of the owners' association.
Do you need permission to enclose a terrace?
Yes. Enclosing a terrace is work that alters the outside of the building, even if it is done with glass curtains and no bricklaying. No building work does not mean no paperwork. What changes from case to case is what kind of procedure you need and who you submit it to.
In practice there are two separate permissions, and one does not replace the other:
- Permission from the town hall, which checks that the work complies with planning regulations.
- Permission from the community of owners (comunidad de propietarios), if the home is in a block of flats, because the façade is a common element.
This guide explains the general framework in Andalusia. It is no substitute for checking with your town hall, which has the final say within its municipal area.
What does Andalusian law say: LOUA or LISTA?
The old LOUA (Ley 7/2002, Andalusia's former planning law) is no longer in force. Since the end of 2021, planning in Andalusia has been governed by Ley 7/2021, de Impulso para la Sostenibilidad del Territorio de Andalucía (LISTA), the Andalusian Law for the Promotion of Territorial Sustainability. This law distinguishes between works that need a planning licence (licencia urbanística) and others that are handled through a declaración responsable (self-declaration) or a comunicación previa (prior notification).
Article 138 of the LISTA makes a declaración responsable the route for, among other things, works of minor constructional scope and technical simplicity that do not require a formal technical project. Many town halls place light enclosures in this category. But each municipality sets out these cases in its own bylaws, and that is where the differences arise.
Minor works licence (licencia de obra menor) or declaración responsable?
It depends on what you are planning to do and on your town hall. As a general guide:
| Situation | Usual procedure |
|---|---|
| Light enclosure, with no building work, that does not change the floor area or the structure | Declaración responsable or minor works licence, depending on the bylaws |
| Enclosure that turns the terrace into enclosed living space | Usually requires a licence and sometimes technical documentation |
| Work affecting the structure, a protected façade or a listed building | Licence with a technical project |
| Pergola or roof on a terrace or penthouse | Varies widely: anything from a declaración responsable to a licence |
Some Andalusian municipalities expressly exclude enclosing terraces and balconies from their list of simple minor works. So it is best not to take anything for granted, not even with glass curtains.
Do glass curtains need permission?
It is the question we are asked most. The short answer: yes, they need council approval, although the procedure is usually simpler than for a framed aluminium enclosure. Frameless glass curtains add no walls, are fitted onto the floor slab and leave the façade looking almost untouched. In many town halls, that makes the declaración responsable route easier.
Even so, each town hall's bylaws set the criteria. Some municipalities require the same procedure for any terrace enclosure. If you would like to know more about the system, take a look at our glass curtains, and for the comparison with aluminium, read this article.
What about permission from the community of owners?
If you live in a block of flats, approval from the town hall is not enough. The Ley de Propiedad Horizontal (Spain's Horizontal Property Act) prohibits altering the external configuration of the building without the community's authorisation (Article 7.1). For enclosing terraces, Article 17.4 requires a vote in favour from three fifths of the owners who, in turn, represent three fifths of the ownership shares (cuotas), read in conjunction with Article 10.3.b.
The community's statutes can also lay down a specific model and colour for enclosures. We explain this in detail in our article on enclosing a terrace in a block of flats.
Does enclosing the terrace change the square metres recorded in the Catastro?
It can. If the enclosed terrace comes to count as enclosed built floor area, the property's description in the Catastro (Spain's cadastral register) may change, and with it the value used as the basis for IBI (the annual local property tax). Not every enclosure has that effect, and how the area is counted depends on the cadastral regulations and the specific case. If this concerns you, ask at the Gerencia del Catastro (the local cadastre office) or ask a qualified professional before you enclose the terrace.
What happens if I enclose the terrace without permission?
The risks are real and they add up:
- The town hall can open planning enforcement proceedings (expediente de protección de la legalidad urbanística), impose a fine and order the enclosure to be removed.
- The community of owners can take legal action to have the terrace returned to its original state.
- When you sell the property, an enclosure that has not been legalised can cause problems with the valuation or with the buyer.
The LISTA sets time limits for the authorities to act against unlicensed works, but those time limits do not protect you from the community of owners, nor do they apply in every case. The sensible thing is to sort out the paperwork first.
Steps to enclose your terrace with everything in order
- Ask your town hall's planning department (urbanismo) which procedure applies to your case. Take a description of the system and, if you can, photos of the terrace.
- Check the statutes of your community of owners and whether there is an approved enclosure model.
- Ask for it to be put on the agenda of the owners' meeting and get the agreement recorded in writing in the minutes.
- Submit the declaración responsable or the licence application with the documents the town hall asks for, including the quote.
- Install only once you have both permissions, or once the procedure allows you to start.
Kristall gives you the technical description of the system and the itemised quote that town halls usually ask for. If you have questions about your case, see our frequently asked questions or check our guide prices. And if you still don't know how much it will cost, you will find the price ranges in our guide to how much it costs to enclose a terrace.
Would you like to enclose your terrace in the province of Cádiz?
We visit, measure and prepare a free quote for you, with the technical description you will need for the application. Write to us via our contact page or by WhatsApp on 665 26 11 55.
FAQ
Can I enclose a terrace with glass curtains without a licence?
Not without some kind of procedure. In Andalusia a declaración responsable (self-declaration) or a minor works licence is usually enough, but it depends on each town hall's bylaws. Always check with the planning department before installing.
Which law governs town planning in Andalusia?
Ley 7/2021, de Impulso para la Sostenibilidad del Territorio de Andalucía (LISTA), the Andalusian Law for the Promotion of Territorial Sustainability, which replaced the LOUA. Town halls implement it through their own bylaws.
Is permission from the town hall enough?
Not if you live in a block of flats. You also need the agreement of the community of owners, which Spain's Horizontal Property Act (Ley de Propiedad Horizontal) sets at three fifths of the owners and of the ownership shares for enclosing terraces.
Does a bioclimatic pergola need planning permission?
It usually needs some form of council approval, which can range from a declaración responsable to a licence depending on its size, location and the local bylaws. On penthouses in blocks of flats, you also need the agreement of the community of owners.
Sources
- https://palmadelrio.es/declaracion-responsable-de-obras-instalaciones-las-previstas-en-el-art-138-1-a-b-y-c-de-la-ley-7-2021-de-1-de-diciembre-de-impulso-para-la-sostenibilidad-del-territorio-de-andalucia/ (in Spanish)
- https://www.urbanismosevilla.org/areas/atencion-al-ciudadano/guia-de-tramitacion/obra-menor/obra-menor (in Spanish)
- https://ramisabogados.com/que-mayoria-se-necesita-para-el-cerramiento-de-terrazas-en-las-comunidades-de-propietarios/ (in Spanish)
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