Regulations on building works in protected housing in the Comunidad de Madrid

Official Protection Housing (VPO), referred to in the Madrid regulatory framework as Publicly Protected Housing (VPP), is subject to a special legal regime. These regulations aim to ensure that properties maintain their habitability, accessibility and surface area conditions without altering the essential characteristics under which they obtained their initial qualification.

When the owner of a protected property wishes to carry out renovations, they must bear in mind that the property remains under the supervision of the Directorate-General for Housing and Rehabilitation of the Comunidad de Madrid throughout the legal protection period. For this reason, modifications cannot reduce the regulated usable floor area or alter the technical conditions required in the final qualification.

Types of works permitted in a VPO

In order to determine whether it is necessary to process prior authorisation with the regional administration, it is essential to classify the type of work to be carried out.

1. Minor works and basic maintenance (Without regional authorisation)

Works aimed at maintenance, conservation or cosmetic updating of the home do not require prior approval from the Regional Housing Ministry. However, they may require the corresponding planning licence or responsible declaration before the local council of the municipality where the property is located.

• Painting and finishes: Wall smoothing work, interior painting, re-tiling in bathrooms or kitchens and replacement of skirting boards.
• Replacement of flooring: Changing parquet, stoneware tiles, ceramics or laminate flooring for other finishing materials.
• Renewal of internal installations: Upgrading or minor repairs to plumbing networks, electrical wiring, sanitaryware and taps, provided that the location of the main supply points is not altered.
• Fixed furniture: Replacement of kitchen units or built-in wardrobes without demolishing partition walls.

2. Structural renovations and changes to layout (With mandatory authorisation)

Any modification affecting the interior layout, structural elements, floor area or original configuration of the property requires applying for and obtaining prior authorisation from the Comunidad de Madrid.

• Modification of partition walls: Knocking down or erecting partition walls to combine rooms, changing bedroom sizes or creating an open-plan kitchen-living area.
• Alteration of common elements or façade: Installing air conditioning on the façade, modifying windows in a way that changes the exterior appearance of the building or enclosing terraces.
• Accessibility works: Adaptations designed to modify the property for people with reduced mobility that involve altering door openings or bathroom layouts.
• Extension of floor area: Building mezzanines or fixed structures that alter the registered usable square metres.

Procedure for requesting a works permit in a Madrid VPO

If planning a renovation that requires regional authorisation, the property owner must initiate the corresponding administrative procedure before starting the works. The application can be processed online via the electronic registry of the Comunidad de Madrid.

The standard documentation required includes:

1. Owner identification: Copy of the National Identity Card (DNI) or equivalent document of the owner.
2. Proof of property ownership: Public title deed or land registry extract (nota simple) from the Property Registry.
3. Technical explanatory report: Document drawn up and signed by a qualified professional (architect or building surveyor) when the renovation affects the structure or layout of the flat.
4. Floor plans of the property: Diagram showing the current state and plans of the proposed works confirming that the parameters required by habitability regulations are not improperly altered.

Consequences of carrying out renovations without authorisation

Carrying out substantial modifications without prior authorisation from the administration or without the appropriate municipal licences entails legal risks for the owner.

The Housing Ministry of the Comunidad de Madrid may initiate disciplinary proceedings resulting in administrative fines. Furthermore, the authorities have the power to demand that the property be restored to its original condition at the offender's expense.

Likewise, the presence of unauthorised works complicates future procedures regarding the property, such as obtaining an occupancy certificate, applying for voluntary disqualification (descalificación), or completing a sale before a notary, since the actual state of the dwelling does not match the official registered description.

Municipal licences and community rules

The authorisation issued by the Comunidad de Madrid is separate from municipal planning obligations. Before starting to carry out building works in a VPO, it is necessary to:

• Process the municipal licence: Check with the relevant local council (for example, Madrid City Council or councils such as Alcalá de Henares, Móstoles or Getafe) whether the renovation requires prior notification, a responsible declaration or a major works licence.
• Authorisation from the Owners' Association: If the work affects common elements of the building (façade, roof, downpipes or terraces), agreement from the homeowners' association is required as stipulated in the Horizontal Property Act (Ley de Propiedad Horizontal).

Financing the purchase and renovation of a VPO

Both acquiring a publicly protected property and planning a full renovation require a detailed financial review. As these properties have a maximum legal sale value set by the regulations of the Comunidad de Madrid, financial institutions apply specific criteria when assessing mortgage collateral.

To analyse the best credit options tailored to these specific factors, expert advice simplifies negotiations with banks. Mortgage credit intermediaries help manage the most suitable loan terms for purchasing or renovating a protected property.

Frequently asked questions about works in a VPO

Can you enclose the terrace of a VPO in the Comunidad de Madrid?

Enclosing a terrace modifies the building's façade and may count as an increase in usable floor area. For this reason, it requires a favourable agreement from the homeowners' association, a licence from the relevant local council and approval from the Regional Housing Ministry.

Is it necessary to disqualify the housing to carry out a full renovation?

It is not essential. You can apply for the relevant permits while keeping the property under public protection. However, if the property meets the required years of protection under its decree and the owner manages the voluntary disqualification (descalificación), the property will transfer to the private market regime and will not require permits from the regional administration for internal works.

How long does the administration take to respond to a works application?

The legal deadline for the Comunidad de Madrid to issue a decision on the file usually takes between one and three months from the registration of the application. It is advisable not to start works until receiving the corresponding official notification.