In the last 3 years, the Superior Court of Justice of the Valencian Community (TSJCV) has dictatedmore than 120 sentenceson unlicensed works in multi-family buildings — and in 68% of cases, it was declaredcivil liability for construction defects, not just administrative sanction.
⚠️ common mistake:
“If you don't have a license, there is no vice, there is only a fine from the city council.”
Fake.Lack of licensedoes not exemptof technical responsibilities. In fact, many times it is thekey testthat there was no quality control.
As a Judicial Expert in construction, I explain to youWhen an unlicensed work constitutes a vice, who answers, And how to prove it expertly to win at trial.
1. Work without a license ≠ only urban planning violation
The jurisprudence distinguishes three scenarios:
| Type of work | Could it be a construction defect? | Legal base |
|---|---|---|
| 🔸 Work without project or optional direction(ex: terrace closed by a neighbor without an architect) | ✅ Yes— if it affects the structure, safety or accessibility of the building (DB-SE, DB-SUA). | Art. 17.1 LoE + STS 451/2021 |
| 🔸 Work with a project but without a municipal license(promoter omits procedures) | ✅✅ Yes, more seriously— shows thatevaded mandatory technical control(ITE, final work certificate). | Art. 12.3 LdE + STSJCV 3452/2023 |
| 🔸 Legalized worka posteriori(with responsible declaration or regularization) | ⚠️ Depends— if it was technically corrected (tests, reinforcements), there is no defect. If it was only “papered”,the vice persists. | STSJCV 1287/2022 |
📌 STSJCV 3452/2023 (Valencia):
"The expansion of the plant without a license or optional direction, executed on a slab without a structural calculation, constitutes a construction defect due to a defect in the project and execution. Urban planning regularization does not remedy the lack of structural safety."
2. Who answers? The distribution of technical responsibilities
According Art. 17 of the Building Planning Law, the responsibility issupportive and staggered:
| Agent | Responsibility period | What the expert must prove |
|---|---|---|
| Promoter | 10 years (structural defects) | That did not require a project, direction or final certificate of work. |
| Construction Director | 10 years | That he did not supervise, did not issue a certificate or did so falsely. |
| Builder | 3 years (execution) | Which was executed without a project or with non-compliant materials. |
| Owner running | Unlimited (if acting as promoterde facto) | That he ordered the work and assumed technical risks. |
🔑 expert key:
It's not enough to say“there is no license”. You must demonstrate:
- ❌ Ausencia de final work certificate(Art. 12.3 LoE)
- ❌ ITE/IEE was not presentedwhen it was mandatory (RD 233/2013)
- ❌ Directly caused pathologiesdue to illegal work (cracks, settlements, loss of fire resistance, etc.)
Example of valid forensic writing:
"The closed terrace on the attic floor (without project or license) increases the load on the existing floor by 42%, exceeding 85% of the service limit (EHE-08, Art. 31.3). The measured deformation (arrow 28 mm) exceeds the admissible limit (L/250 = 16 mm), evidencing the risk of progressive collapse."
3. Real case: Community vs. neighbor who built an illegal attic
- Work: Rooftop closure + two rooms (no project, no license, no communication to the community).
- Problems detected: cracks in stairs, humidity due to poor waterproofing, loss of emergency evacuation (DB-SUA not met).
- Expert opinion:
- Thermography: severe thermal bridges (U > 1.8 W/m²K vs. 0.5 required in DB-HE).
- Laser leveling: differential settlement of 14 mm in 6 m → structural cracks in load-bearing walls.
- Cadastral plans vs. reality: +42 m² not declared.
- judicial result:
Condemnation of the ownerand the original developer of the building(for not monitoring common use). Partial demolition + compensation of €93,000.
📩 ¿Tienes una obra ilegal en tu edificio?
Don't wait for cracks or moisture to appear.Expert prevention avoids litigation and higher costs.
📞 Write to me at 662 221 582or send:
- Photo of the work
- Deed or cadastral plan
- Any communication with the city council
I will tell you in 48 hours if there is a risk of construction defects and who should respondr
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