Many clients are surprised when in Spain a construction project suddenly starts in their neighbourhood, without them having had any say in the matter. In Flanders, this is hardly conceivable, as neighbours and stakeholders have extensive rights of objection and appeal. Why is there such a difference? And what consequences does this have for individuals who want to buy a building plot or start a project?
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In this episode, Glenn Janssens, a lawyer specialising in Spanish real estate law, talks to Niels Vansimpsen, an environmental law lawyer. Together, they discuss the remarkable differences between building permit application procedures in Flanders and Spain.
What will be covered?
- The first steps in a building application: architect, municipality and legal advice.
- Why buying a building plot does not automatically mean you can build.
- Suspensive conditions in purchase contracts: common in Flanders, rare in Spain.
- Types of permits in Spain (Obra Mayor, Obra Menor, Comunicación Previa) vs. Flanders.
- The difference in assessment criteria:
- Flanders → legality and expediency ("good spatial planning").
- Spain → mainly legality test.
- Objection and appeal procedures: wide participation in Flanders vs limited possibilities in Spain.
- Cost of a permit: flat municipal tax in Flanders versus a percentage of the building value in Spain.
Why listen?
If you are considering buying or building a building plot in Spain, or are just curious about how both systems work, this episode will give you practical insights as well as a clear overview of the legal differences.
📩 Questions or suggestions? Email us at podcast@confianz.be
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