Pools in Andalusia: licence or responsible declaration, rural land and how to legalise a pool built without a licence

By Álvaro García, registered architect no. 19625 (COAM). Reviewed in October 2026.

A pool is a construction and needs a building licence (licencia de obra) or a responsible declaration (declaración responsable), depending on each town hall's ordinance, with technical documentation (articles 137 and 138 of the LISTA, Andalusia's planning act, Ley 7/2021). If you already have one without a licence, it can be legalised when it complies with the local plan. Once six years have passed since it was finished, the town hall can no longer order measures to restore legality, except on the types of land in article 153.2. A pool design costs from €550 + VAT and legalising works without a licence from €1,200 + VAT.

Licence or responsible declaration?

The LISTA makes works, constructions, buildings and installations subject to a planning licence (article 137.1). A responsible declaration covers only minor works of low construction scale and technical simplicity that do not need a design (article 138.1.a).

Whether your pool goes by one route or the other is decided by each town hall's ordinance. In the models published by Vera town hall, in Almería, building a private pool in the open space of the plot goes by responsible declaration. It comes with a descriptive and graphic document from a technician or with a design, depending on the case.

Before drawing anything, check three things:

Plot coverage and distance to boundaries: they are set by your municipality's local plan (PGOU).
Type of land: urban or rural. On rural land (suelo rústico) everything changes (see the next section).
Time: a licence is decided within three months of the documentation being complete (article 140). A responsible declaration lets you start as soon as you submit it complete (article 138.5).

We process pools with a technical design: drawings, calculation of the pool shell and a check of the setbacks from boundaries. When the works finish, the pool has to be declared to the Catastro (the property tax register), as explained further down.

A pool on rural land

Article 21 of the LISTA lists the ordinary uses of rural land, which are agricultural, livestock, forestry and similar, and it does not mention pools. Nor do articles 28, 29 and 30 of the LISTA Regulation (Reglamento), which develop the ordinary and extraordinary actions.

So those articles contain no specific rule for pools. The town hall assesses the case with its local plan and the class of rural land your plot belongs to. Ask for its answer in writing before you hire the works.

If the house has an AFO (asimilado a fuera de ordenación) status, the law only provides for licences for compatible changes of use and for conservation and refurbishment works (article 174). A new pool is a new construction, not a conservation or refurbishment work.

The house itself follows a different route, explained in the guide on building a house on rural land. If you plan to buy a plot with a pool, the feasibility report before buying costs from €250 + VAT.

If the pool is already built without a licence

Faced with works without a licence, the town hall has two routes. If they comply with the local plan, it legalises them by requiring the permit that was missing. If not, it can order measures such as full or partial demolition (article 151).

It complies with the plan: it is legalised with the licence that was missing. If the town hall opens a file and the works look compatible, it gives you two months to apply for it (article 152.6). Legalisation can be requested at any time, even after six years (article 152.8).
It does not comply and less than six years have passed: the decision may order that the works be brought into line with the plan (article 152.5).
It does not comply and six years have passed since it was finished: the town hall can no longer take measures to restore legality (article 153.1).

The six years run from the complete finishing of the pool. Historic aerial photographs and a certificate of age (certificado de antigüedad) help prove that date. We explain this in the guide on the AFO step by step.

There is no time limit, and the town hall can always act, if the pool is on any of these types of land (article 153.2):

Public land and its protection easements.
Protected rural land with proven risks, such as landslides or flooding.
Rural land in the coastal influence zone.
Properties individually listed in the General Catalogue of Andalusian Historic Heritage.
Green areas and open spaces.
Urban subdivisions on rural land.

If your plot is near the coast, the first thing we check is whether it falls within the coastal influence zone.

The AFO, regulated in articles 173 and 174, is defined for irregular buildings that are finished, and it does not amount to legalisation. The law does not name pools, so ask the town hall how it treats yours before you commission the documentation.

Declaring the pool to the Catastro

New works are declared to the Catastro with form 900D (article 16.2 of the Ley del Catastro Inmobiliario, the property tax register act). It is preferably submitted on the Catastro's online portal. The time limit is two months from the day after the declared event (article 28.2 of Real Decreto 417/2006). For new works, that event is their completion.

What changes: the pool enters the description of the property and is valued according to its type, surface area, depth and materials. That valuation affects the cadastral value and, with it, the IBI (the annual property tax).
If you do not declare it: the Catastro can add it on its own initiative through a regularisation procedure. It carries a fee of €60 per property, paid by whoever pays the IBI that year.
Two separate procedures: the licence or the legalisation is applied for at the town hall, and the cadastral declaration at the Catastro.

What it costs

Item	Indicative cost	Time
Pool design	From €550 + VAT, usually €550 to €1,200. Published prices in Almería: €450 to €1,000, with an average of €560	1 to 2 weeks
Legalising works without a licence	From €1,200 + VAT, usually €1,200 to €3,500	Design in 3 to 6 weeks
Certificate of age	From €250 + VAT	1 to 2 weeks
Licence fee and ICIO	According to each town hall's tax ordinance. The ICIO (municipal construction tax) has a maximum of 4% of the real cost of the works	With the licence
Cadastral regularisation	€60 per property, if the Catastro starts it	Depends on the Catastro

These figures are indicative. At Poniente Arquitectura we do the pool design from €550 + VAT. Legalising works without a licence starts at €1,200 + VAT. We give a fixed quote in writing within 24 hours.

Frequently asked questions

Do I need a licence to build a pool at my house in Andalusia?

Yes, a building licence or a responsible declaration, depending on your town hall's ordinance, and with technical documentation. The LISTA makes constructions and installations subject to a licence (article 137.1).

Can I build a pool on rural land?

The LISTA does not list it among the ordinary uses of article 21. The town hall assesses it with its local plan, so ask for its answer in writing before you hire the works.

I have a pool without a licence that is more than six years old. Can they make me remove it?

Six years after its complete finishing, the town hall can no longer take measures to restore legality (article 153.1). There are exceptions with no time limit, such as public land or rural land in the coastal influence zone (article 153.2).

Do I have to declare the pool to the Catastro?

Yes. It is new works and it is declared with form 900D within two months of finishing it. If you do not, the Catastro can regularise it on its own initiative with a fee of €60 per property.

How much does it cost to legalise a pool built without a licence?

Legalising works without a licence starts at €1,200 + VAT with us. On top come the licence fee, the ICIO and any adaptation works the town hall asks for.

Sources

This guide is for information; every case needs a check of the local rules.