Building contract (construction / refurbishment)

Building contract (construction / refurbishment) is filed with Documento privado entre las partes + Ayuntamiento (licencia) + AEAT (IVA y retenciones). With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your application for you. Estimated total cost: €129 to €129. Official tasa (government fee): IVA at 21 % / 10 % for housing refurbishment / 4 % for subsidised housing, plus a 15 % IRPF withholding if the contractor is an individual.

We draft your building contract between the owner and the contractor (arts. 1588-1600 CC, the Spanish Civil Code, plus Ley 38/1999 LOE). The options: lump sum (a fixed price), cost plus (cost plus a margin), by units of work, or turnkey. We check the LOE insurance policies that are compulsory for new residential housing (10-year, 3-year and 1-year cover), the planning permission, the certified technical project, the professional site supervision (architect plus quantity surveyor), the proportion of materials (above 40 % it is reclassified as a supply of goods, art. 8.2.1 LIVA), the IVA (VAT) rate that applies (21 % as a general rule / 10 % for refurbishment / 4 % for subsidised housing) and the 15 % IRPF (income tax) withholding if the contractor is an individual. Guarantees: 10 years for structural defects, 3 years for building services, 1 year for finishes.

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Estimated total cost: €129 to €129
Managora's fee: €156.09 (21% VAT incl.)
Tasa (official government fee): IVA at 21 % / 10 % for housing refurbishment / 4 % for subsidised housing, plus a 15 % IRPF withholding if the contractor is an individual. (suplido: paid to the authority on your behalf, no VAT)
Processing time: Immediate signature. LOE guarantees: 10/3/1 years from handover.
Where it is filed: Documento privado entre las partes + Ayuntamiento (licencia) + AEAT (IVA y retenciones) ↗
What you receive: Application

Cost breakdown: Our fee 129 €. No processing fees: the IVA (21 %, 10 % or 4 %) and the withholding are applied later, on the invoicing for the works..

Building contract (construction / refurbishment): how is it filed?

1Answer the questions in the chat (around 12 minutes).
2We identify the type of contract and the regime that applies. For new residential housing, we require compliance with the LOE (insurance, professional site supervision, the building logbook).
3We calculate the IVA that applies (21 % as a general rule / 10 % for refurbishment / 4 % for subsidised housing) and the 15 % IRPF withholding where relevant.
4Payment of 129 € for our fee.
5Sign the mandate from your mobile.
6We draft the full contract for you, with clauses on timescales, interim certificates, penalties, LOE guarantees and termination.
7A site set-out record at the start, periodic interim certificates, and a handover record at the end.
8Tax compliance: the client withholds IRPF and files the modelo 111; the contractor declares IVA on the modelo 303.

Which documents do you need?

•DNI / NIE / CIF (identity or tax numbers) of the owner and the contractor.
•The nota simple registral (Land Registry extract) for the property.
•For major works: the municipal planning permission and the certified technical project.
•For new residential housing: the LOE insurance certificates (decenal, trianual and anual cover).
•A descriptive specification and detailed measurements with unit prices.
•A schedule of milestones / interim certificates.

Legal basis and things to bear in mind

Legal framework: arts. 1588-1600 CC plus Ley 38/1999 LOE plus LIVA arts. 8 and 91 plus the LIRPF plus the RIRPF.
HOW IT DIFFERS FROM A SERVICES CONTRACT: a building contract obliges you to deliver a RESULT (the finished works); a services contract only obliges you to apply your skills. The consequence: liability for defects in the result.
TEN-YEAR LIABILITY (art. 1591 CC plus art. 17 LOE): 10 years for collapse or serious structural defects. The claim does not become time-barred until 10 years from handover.
LOE GUARANTEES (art. 17): 10 years for structural defects, 3 years for habitability and the working of the building services, 1 year for finishes.
LOE INSURANCE (art. 19): compulsory for new residential housing. Exception: a self-builder building for their own use who does not sell within 10 years (2nd additional provision of the LOE).
IVA RECLASSIFICATION (art. 8.2.1º LIVA): if the materials exceed 40 % of the total price, the transaction counts as a SUPPLY OF GOODS (not services). That changes the IVA regime.
IVA RATES: 21 % as a general rule; 10 % for housing refurbishment where materials do not exceed 40 %; 4 % for subsidised housing.
15 % IRPF WITHHOLDING if the contractor is an individual and the client is a business or a legal entity. The client files the modelo 111 plus the modelo 190.
PARTIES (art. 16 LOE): the developer, the designer, the builder, the professional site supervision (architect plus quantity surveyor) and the suppliers. They are jointly and severally liable if the party at fault cannot be identified.
Natural connections: obra_nueva_declaracion_rp (after handover), nota_simple_rp, modelo_111, modelo_180, iva_303, modelo_036, alta_autonomo (for a newly self-employed contractor).

Building contract (construction / refurbishment): frequently asked questions

Building contract (construction / refurbishment): how much does it cost?

The estimated total cost (our fee + official tasas and taxes) is €129 to €129: Our fee 129 €. No processing fees: the IVA (21 %, 10 % or 4 %) and the withholding are applied later, on the invoicing for the works.. Managora's fee is €156.09, 21% VAT included (€129.00 net + €27.09 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: IVA at 21 % / 10 % for housing refurbishment / 4 % for subsidised housing, plus a 15 % IRPF withholding if the contractor is an individual..

Building contract (construction / refurbishment): how long does it take?

Immediate signature. LOE guarantees: 10/3/1 years from handover.

Building contract (construction / refurbishment): which documents do I need?

You need to have to hand: DNI / NIE / CIF (identity or tax numbers) of the owner and the contractor., The nota simple registral (Land Registry extract) for the property., For major works: the municipal planning permission and the certified technical project., For new residential housing: the LOE insurance certificates (decenal, trianual and anual cover)., A descriptive specification and detailed measurements with unit prices., A schedule of milestones / interim certificates.. You do not upload them here: we collect the details through the guided chat.

Who files the procedure?

Managora files it in your name with Documento privado entre las partes + Ayuntamiento (licencia) + AEAT (IVA y retenciones). You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.

Can it be done online?

Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.

Related procedures

Based on the legislation in force and on the official site of the competent authority: Documento privado entre las partes + Ayuntamiento (licencia) + AEAT (IVA y retenciones) ↗.

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