A declaration of compliance (declaración responsable) lets you start many building works without waiting for a permit. It is quick, but it is not a shortcut. If you use it for works that need a permit, the works are not covered. Here we explain when it applies, when it does not, and what is at stake if you get it wrong.
What a declaración responsable is
It is a document in which you, as the promoter of the works, declare on your own responsibility that you meet the applicable regulations and hold the documents that prove it.
The general rule is in article 69 of Ley 39/2015, on Common Administrative Procedure. Under that article, a declaration of compliance lets you start the activity from the day you submit it, without prejudice to the authorities checking, controlling and inspecting it afterwards.
In short: with a permit, the town hall (Ayuntamiento) checks first. With a declaration of compliance, it checks afterwards.
The rules in the Madrid region: Ley 9/2001 on Land
In the Madrid region (Comunidad de Madrid), the split between permits and declarations of compliance is set by Ley 9/2001, de 17 de julio, del Suelo de la Comunidad de Madrid (the Madrid Region Land Act). Ley 1/2020, de 8 de octubre, amended it to make the planning declaration of compliance the general rule. It has since had further reforms, such as Ley 11/2022 and Ley 7/2024.
These are the key articles:
- Article 151: construction, building and land-use works need a permit, an enforcement order or a planning declaration of compliance.
- Article 152: a closed list of works that require a permit.
- Article 155: anything not on the permit list (or in article 160) generally goes through a declaration of compliance.
- Articles 156 and 157: the content and effects of the declaration of compliance.
Each municipality in the Madrid region applies this law through its own ordinance and its own forms. So Pozuelo de Alarcón, Las Rozas or Majadahonda may ask for different forms and documents. That is why, before submitting anything, you need to check the ordinance of the specific municipality.
In the city of Madrid: the 2022 ordinance
In the municipality of Madrid, the rules are set by Ordenanza 6/2022, de 26 de abril, de Licencias y Declaraciones Responsables Urbanísticas del Ayuntamiento de Madrid (Madrid City Council’s ordinance on planning permits and declarations of compliance), published in BOCM no. 116 of 17 May 2022. The City Council abbreviates it as OLDRUAM.
Under the ordinance:
- The works listed in its Annex II go through a declaration of compliance (article 26).
- The works listed in its Annex I go through a permit (article 34).
- Works can start once the declaration, the relevant technical documents and proof of payment of fees and taxes are submitted together (article 28.1).
Which works need a permit and which a declaration of compliance
Works that need a permit (article 152 of Ley 9/2001)
- Building works that, under general building regulations, require a project (a full set of signed design documents). This includes building a new home (letter b).
- Any full intervention on listed or protected buildings, and partial interventions that affect their protected elements (letter c).
- Earthworks that are not part of an approved project (letter a).
- Land parcelling, subdivisions and divisions (letter d).
- Felling and transplanting trees (letter e).
- Placing prefabricated houses, whether temporary or permanent (letter f).
- Temporary works and uses (letter g).
Which works require a project? Article 2.2 of Ley 38/1999, on Building Regulation — the Building Act (LOE) — sets this out: in general, new builds and interventions on existing buildings that alter their architectural configuration (essential changes to the exterior composition, massing or structural system, or a change of the building’s main use).
Works that go through a declaration of compliance (article 155 of Ley 9/2001)
- Renovations, extensions or refurbishments that do not essentially change the exterior composition, massing, envelope or structural system, and that do not require a project under the LOE (letter b). The typical case is an interior renovation that does not touch the structure.
- First occupancy and use of new buildings and prefabricated houses (letter c). We explain this in our guide to first occupancy.
- Small, technically simple new single-storey buildings, with no residential or public use (letter a).
- Plot boundary walls and fences, and demolition of unprotected structures (letters f and g).
- Changes of use that do not change the building’s main use (letter i).
- Solar panels for self-consumption and electric car charging points, unless they affect heritage, public land or a protected area (letters n and ñ, added by Ley 7/2024).
Be careful with letter b: the line between a “renovation without a project” and a “renovation with a project” is not always obvious. Opening a gap in a load-bearing wall, adding a storey or changing the façade can take the works into permit territory.
What documents you need
If the town hall has no ordinance of its own, article 156.2 of Ley 9/2001 sets the minimum content:
- Your details and identification of the works, their characteristics and location.
- An express statement that you meet the regulations, and a commitment to keep doing so for the duration of the works.
- Authorisations from other authorities, where needed.
- Technical documents signed by a qualified professional and stamped by their professional association (visado), where required.
In practice, depending on the scope of the works, those technical documents may be a project or a technical report. In the city of Madrid, the ordinance also requires the technical documents to include a section showing compliance with planning rules (article 24.1) and a budget at market prices (article 28.1).
When you can start the works
From the moment you submit the complete declaration to the town hall’s registry (article 157.1 of Ley 9/2001, read together with article 69 of Ley 39/2015).
The key word is “complete”. In the city of Madrid, article 28.1 of the ordinance requires the declaration, the technical documents and proof of payment of fees and taxes to be submitted together. If anything is missing, the declaration has no effect.
If you are unsure whether your works qualify, article 157.3 lets you first ask the town hall for a planning enquiry (consulta urbanística).
The town hall’s follow-up check
Submitting the declaration does not close the file. The town hall keeps its powers to check, control and inspect.
In the city of Madrid, the ordinance sets out the following (article 29):
- On submission, the town hall checks that the documents are complete and that the right procedure has been chosen.
- When the works are finished, you must notify completion within fifteen days, with the documents the ordinance requires.
- Afterwards, the municipal services check that what was built matches what was declared. The outcome can be favourable, conditional (with things to correct) or unfavourable.
Other municipalities have their own procedures and deadlines.
The risks of submitting the wrong declaration of compliance
This is the most expensive mistake. The law is clear:
- It does not legalise what is not legal. A declaration of compliance does not cover works that breach planning regulations (article 157.4 of Ley 9/2001).
- If something essential is missing or wrong, the works stop. An essential inaccuracy, falsehood or omission prevents the works from starting or continuing and may require everything to be returned to its previous state (article 157.7 of Ley 9/2001 and article 69.4 of Ley 39/2015).
- There may be a temporary ban. Article 69.4 of Ley 39/2015 provides that the decision may prevent you from filing a new procedure with the same purpose for a period set by law.
- Works without authorisation, subject to penalties. Carrying out works without the required declaration or permit means acting without authorisation, subject to restoration of legality and to penalties (article 157.6 and Title V of Ley 9/2001).
If you already have works in this situation, see our expert reports and legalisations service.
Fees and construction tax (ICIO)
A declaration of compliance does not exempt you from paying. There is normally a municipal fee for the planning service and the construction tax (Impuesto sobre Construcciones, Instalaciones y Obras, ICIO), regulated in articles 100 to 103 of the consolidated text of the Local Finance Act (Real Decreto Legislativo 2/2004).
Each town hall sets its own rates and tax reductions in its tax ordinances, within the legal maximum. We explain this in detail in our guide to the ICIO and the building permit.
How we help
Fran Cortés is an architect (COAM no. 21,503) and a building engineer (arquitecto técnico, COAATM no. 105,287). He signs off projects with a team of architects and building engineers. We carry out this kind of work in the Madrid region and in the province of Málaga (Marbella and the Costa del Sol).
Before your works start, we check which authorisation they need, prepare the project or the technical report and handle the application. If you are thinking about a full renovation or a new-build home, start by getting the route clear.
Book your free 30-minute consultation with the architect.
Frequently asked questions
Can I build a new home with a declaración responsable in Madrid?
No. Building a new home requires a project under the LOE and, therefore, a planning permit (article 152.b of Ley 9/2001). The declaration of compliance is used later, for first occupancy (article 155.c).
Does a kitchen and bathroom renovation go through a declaration of compliance?
Generally, yes, if it does not affect the structure, the façade or the massing and does not require a project (article 155.b). If the building is protected or the works touch protected elements, a permit may be needed (article 152.c). It depends on the case and on the municipal ordinance.
Can I start the works on the same day I submit it?
Yes, if the declaration is complete and you have paid the fees and taxes your town hall requires. But the town hall can check it afterwards and, if it finds an essential flaw, stop the works.
Do I need a qualified professional for a declaration of compliance?
It depends on the works. When the law or the ordinance requires technical documents, they must be signed by a qualified professional (article 156.2.f of Ley 9/2001). For minor works with no technical documents, the town hall may not require one.
What happens if I submit a declaration of compliance and the works needed a permit?
The declaration does not cover those works. The town hall can order them to stop, restore legality and impose penalties. The sensible thing is to check beforehand, with a qualified professional or through a planning enquiry to the town hall.
Sources consulted on 4 October 2026: Ley 9/2001, de 17 de julio, del Suelo de la Comunidad de Madrid (BOE, consolidated text; last amended 15 June 2026), articles 151, 152, 155, 156 and 157; Ley 39/2015, de 1 de octubre, del Procedimiento Administrativo Común (BOE, consolidated text), article 69; Ley 38/1999, de Ordenación de la Edificación (BOE, consolidated text), article 2.2; Ordenanza 6/2022, de 26 de abril, de Licencias y Declaraciones Responsables Urbanísticas del Ayuntamiento de Madrid (BOCM no. 116, 17 May 2022), articles 24, 26, 28, 29 and 34; Real Decreto Legislativo 2/2004, texto refundido de la Ley Reguladora de las Haciendas Locales (BOE, consolidated text), articles 100 to 103.
