In short. The libro del edificio (the building manual) is not a book but a file of documentation on the works as actually built, which the architect directing the works hands to the developer at completion — in a self-build, that is you: the design with every approved change, the acta de recepción (the handover record), the list of everyone who took part and the instructions for use and maintenance. Article 7 of Law 38/1999 on Building Regulation (Ley de Ordenación de la Edificación, LOE) sets it out.
In the Comunidad de Madrid — the region, not the town hall that grants your permit — three regional rules of its own make it more demanding than in the rest of Spain, and almost no page explains them. Without depositing it at the ayuntamiento (the town hall) there is no first occupancy, and without producing it at the Registro de la Propiedad (the Land Registry, which is not the Catastro, the register kept for tax purposes) the completed building is not registered.
What it is and what the law says
The LOE does not use that name in the body of the article. It speaks of documentación de la obra ejecutada (documentation on the works as executed) and only at the end of article 7 says that this set of documents “shall constitute the libro del edificio” and “shall be delivered to the end users of the building”.
The Código Técnico de la Edificación (the Spanish Building Code, CTE) completes it in article 8.1: to the LOE contents are added the reception documentation for products, equipment and systems under article 7.2 — CE marking, manufacturers’ warranties, tests, quality marks — and the instructions for the use and maintenance of the finished building.
What it has to contain
The national minimum
- The detailed design with the approved changes, that is, what was actually built
- The acta de recepción, the record of handover of the works
- The list identifying every party that took part
- The instructions for the use and maintenance of the building and its services
- The documentation on products, equipment and systems: CE marking, manufacturers’ warranties, tests and quality marks
And in the Comunidad de Madrid, on top of that
Article 13 of Law 2/1999 on Measures for Building Quality (Ley de Medidas para la Calidad de la Edificación) requires the dirección facultativa — architect and arquitecto técnico, both compulsory — to include as well:
- The significant entries in the libro de órdenes, asistencias e incidencias, the order book kept on site
- The drawings and documents of what was actually built, the list of firms and professionals involved, and the quality tests required
- The rules for use, care and maintenance, completed by the dirección facultativa and by the suppliers
- The specifications of the materials and the warranties of builders and suppliers
- The instructions on what to do in the event of an accident or an emergency
Decree 349/1999 also fixes its structure: two volumes as a minimum and four parts — characteristics of the building, rules for use and maintenance, response to accidents and a register of documents. And the Order of 17 May 2000 goes as far as standardising the physical format: A4 portrait, binding that opens flat to 180 degrees, matt coated paper of at least 170 grams and ten-point type as a minimum.
Why this matters. A libro del edificio drawn up to the national minimum is incomplete in Madrid. And article 27.c of Law 2/1999 classifies as a serious infringement “the formation of the libro del edificio without complying with the contents prescribed in this Law”.
Who produces it and who it is handed to
| Who | What falls to them | Rule |
|---|---|---|
| Architect directing the works (director de obra) | Produce and sign the documentation on the works as executed, with the required visados — the stamp of the colegio, the architects’ professional body, certifying that whoever signed is registered, insured and entitled to sign | Art. 12.3.f LOE |
| Aparejador (arquitecto técnico, directing the execution) | Collaborate by supplying the results of the control work carried out | Art. 13.3.f LOE |
| Dirección facultativa | In Madrid, form it jointly and deposit it at the town hall, under the responsibility of the director facultativo | Arts. 13 and 14.1 Law 2/1999 |
| Developer (promotor) | Hand it to the buyer, if there is one | Art. 9.2.e LOE |
| Owner | Receive it, keep it, update it and pass it on | Art. 16.1 LOE |
The two walls it puts up if it is missing
There is no first occupancy
Article 14.4 of Law 2/1999 is literal: “No licences of first occupancy, or any other document prescribed for that purpose by the rules in force, shall be granted unless it is on record that the Libro del Edificio has been deposited at the corresponding Ayuntamiento”.
Without first occupancy there are no permanent utility supplies and no lawful occupation.
The completed building is not registered
Article 202 of the Mortgage Act (Ley Hipotecaria), since 1 November 2015, requires it to be produced “for filing at the registry”.
The Dirección General has ruled three times that this applies to a single detached house too, and to self-build too: the deposit cannot be excepted. Without registration of the declaración de obra nueva there is no mortgage and no orderly sale.
And the penalties, in Madrid
| Conduct | Classification | Fine |
|---|---|---|
| Not producing the libro del edificio | Very serious (art. 26.d) | 60,101 – 150,253 € |
| Forming it without complying with the prescribed contents | Serious (art. 27.c) | 30,051 – 60,101 € |
| Not depositing it as required by article 14 | Serious (art. 27.d) | 30,051 – 60,101 € |
| Not updating it, where no third party is harmed | Minor (art. 28.b) | 6,010 – 30,051 € |
A point of honesty. The amounts come from converting into euros the original text of Law 2/1999, which was published in pesetas, and the consolidated text records no later amendment. The infringement types are verified article by article. Before using these figures in a real argument, check that they are still in force.
Not to be confused with the libro del edificio existente
| Libro del edificio | Libro del edificio existente | |
|---|---|---|
| Rule | Art. 7 LOE + CTE + the Madrid rules | Royal Decree 853/2021 |
| What it is | A legal duty within the building process | A requirement for applying for a refurbishment grant |
| Which buildings | New build | Residential, completed before the year 2000 |
| What it contains | The documentation on what was built | A survey of condition, improvement potential and a plan of works |
If you are building now, the one that applies to you is the first. The second does not apply to you.
When to talk about this
When you sign the engagement letter, not when the works finish. The libro del edificio is a duty of the director de obra under article 12.3.f of the LOE, and it is worth having it itemised in the engagement from the start. Turning up as a new item in the final month is the commonest way for it to end in an argument.
Frequently asked questions
Is the libro del edificio compulsory for a single detached house?
Yes. Article 7 of the LOE draws no distinction by type of developer or by intended use, and in the Comunidad de Madrid Law 2/1999 applies to every building in public and private ownership, with no exception for self-build.
I am building for myself and I am not going to sell. Does it still apply?
It does. What changes is who it is handed to, not the obligation. In Madrid the deposit at the town hall applies “in all cases” (article 14.1 of Law 2/1999) and conditions first occupancy. And the Dirección General de Seguridad Jurídica y Fe Pública — which decides appeals against land registrars — has expressly rejected the idea that self-build exempts you from the registry deposit.
Who produces it and who signs it?
It is drawn up and signed by the director de obra, the architect directing the works (article 12.3.f of the LOE). The arquitecto técnico directing the execution collaborates by supplying the results of the control of materials and workmanship (article 13.3.f). The law requires both, not one; Fran Cortés holds both qualifications. In Madrid Law 2/1999 assigns the libro to the dirección facultativa as a whole.
What happens if I do not do it?
Three things, in a chain. First occupancy is not granted, because article 14.4 of Law 2/1999 expressly prohibits it. The completed building is not registered, because article 202 of the Mortgage Act requires it to be produced for filing at the registry. And in Madrid failing to produce it is classified as a very serious infringement.
How much does it cost?
There is no published, reliable market price, and professional bodies have been barred from issuing indicative fee scales since Law 7/1997. The figure is not the point: what matters is that it is included and itemised in the works-direction engagement letter from the start. Invoicing it separately at the end is a standard source of conflict. See architect fees.
Is it the same as the libro del edificio existente?
No. The libro del edificio existente is governed by Royal Decree 853/2021 and is a requirement for accessing a refurbishment grant, not a general obligation. It applies to residential buildings completed before the year 2000. If you are building now, the one that applies to you is the one in article 7 of the LOE.
Does it have to be updated if I carry out alterations?
Yes. Article 14.3 of Law 2/1999 requires both copies — the town hall’s and the owner’s — to be updated with later works of extension, alteration, refurbishment or work on common elements.
What if I buy a house and the seller does not have it?
The owner is under a duty to receive, keep and pass on the documentation on the works as executed (article 16.1 of the LOE), and in Madrid the deed must state that it has been made available to the buyer (article 19 of Law 2/1999). That deed is authorised by a Spanish notario, a public official who answers for its legality and acts for neither side, so you still want your own lawyer. Without the libro you lose the maintenance instructions, the manufacturers’ warranties and the drawings of what was actually built.
Is the Comunidad de Madrid the same thing as the Ayuntamiento de Madrid?
No, and here the difference decides who you deal with. The three extra rules are regional, so they hold across every municipality of the Comunidad de Madrid. The copy is deposited at your own ayuntamiento, the council where the house stands, which also grants or refuses first occupancy.
We hand it over complete, and to the Madrid rules
We form the libro del edificio in accordance with Law 2/1999, Decree 349/1999 and the Order of 2000, we deposit it at the town hall and we leave it ready for filing at the registry. And it is itemised in the engagement letter from day one.