If you wish to to engage a builder to carry out works to your dwelling house or flat you should have a written contract as this will help avoid misunderstandings by providing a clear definition of what work is included, the cost and key project dates. You should be wary of engaging a builder who is not willing to enter into a contract.
The contract is suitable for any works and can be applied to extensions, minor alterations, conversions, maintenance and repair work.

Our building contracts set out the precise arrangements for the work and include the following clauses:

 the works
 customer obligations
 contractor obligations
 timing of works
 payment terms
 defects
 termination
 dispute resolution
 warranties and liabilities
 insurance
 site details and approvals schedule
 fees schedule.

Building regulations

The Building Regulations apply to building work in Spain and set standards for the design and construction of buildings to ensure the safety and health for people in or about those buildings.
If the builder does not follow the building control procedures set out for handling your building work or it is carried out any work which does not comply with the requirements contained in the Building Act you will have contravened them.

The local authority has a general duty to enforce the Building Regulations in its area. The regulations provide that in a situation where the council considers your building work does not comply with the Building Regulations its planners will not issue you with a final certificate
From this point on your local authority will also have enforcement powers to require you to alter your work, if they consider this necessary.

If your builder carrying out building work contravenes the Building Regulations, the local authority could fine you. This action will usually be taken against the builder or against you, and proceedings must be taken within four years from the completion of the work. Alternatively, or in addition, the local authority may serve an enforcement notice on the owner requiring them to alter or remove work which contravenes the regulations If the owner does not comply with the notice the local authority has the power to undertake the work itself and recover the costs of doing so from the owner.

Impact on Selling the Property

Notwithstanding the possibility of enforcement action, you should bear in mind that if the local authority considers that building work carried out does not comply with the Building Regulations and it is not rectified, the authority will not issue you with a first licence of occupancy.