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Would you like to place your house in Spain? Here is everything you need to know.
Can I put my tiny house on this land?
In Spain the answer depends above all on the land: on an urban plot that can be built on you can apply for a licence, on suelo rústico (rural land) almost never. Here is what the national law says, what your autonomous community decides and which of our houses stay below the 50 m² of the CTE (the Spanish building code).
- PermitLicencia urbanísticaan express decision by the town hall, also with wheels
- LandSuelo urbanoon suelo rústico, only in exceptional cases
- EnergyUnder 50 m²outside the HE0 and HE1 requirements of the CTE
What the law says
What a tiny house is under Spanish law
There is no special category for tiny houses. Under national law, placing a prefabricated house is an act that needs express authorisation from the town hall, whether temporary or permanent, and the Tribunal Supremo treats mobile homes as prefabricated houses, not as trailers. The rest is decided by your autonomous community and your municipality's plan general (the general land-use plan).
- 1Whether you can live there
- 2Which permit is needed
- 3What happens if the town hall does not reply
All our houses measured against the 50 m² limit ↓
- RDL 7/2015 (art. 11.4) requires an express decision for new building works and for "the placing of prefabricated houses and similar installations, whether temporary or permanent". If the authority does not reply, the answer is no.
- The Tribunal Supremo (judgment of 5 December 2024, the case of a campsite in Tarragona) ruled that mobile homes are treated as prefabricated houses and not as trailers, and that they need a licencia urbanística (the municipal building licence).
- A dwelling is always a "building" under the Ley de Ordenación de la Edificación, even if it is small and single-storey, so it needs a project, and the designer of a dwelling is an architect.
- An example of suelo rústico: in Andalusia (Ley 7/2021) a detached single-family house is only possible as an actuación extraordinaria (an exceptional use), with prior authorisation from the town hall and a compensatory levy of 15 %. The same law requires anyone who sells or installs prefabricated houses for living in to first apply for the licence or the declaración responsable (a formal declaration to the town hall).
- Always ask the planning department of your town hall about your specific plot before you buy the land or order the house.
Sources: RDL 7/2015, Ley de Suelo y Rehabilitación Urbana, art. 11.4 (BOE) · Ley 38/1999 de Ordenación de la Edificación, arts. 2 y 10 (BOE) · Código Técnico de la Edificación, DB-HE (2022) · Tribunal Supremo, STS 1917/2024: las mobile homes necesitan licencia (derecholocal.es) · Ley 7/2021 de Andalucía (LISTA), arts. 21, 22 y 137 (BOE)
Which houses fit
All our houses, measured against the 50 m² limit
The area in this table is the external size of the house, length by width; the usable interior floor area that the CTE counts is smaller. All our houses except Helena and Evergreen XL stay below 50 m², and a detached house of that size does not have to meet the energy consumption and demand requirements HE0 and HE1. You still need the licence.
| House | Dimensions (l × w × h) | Area | CTE: under 50 m² usable |
|---|---|---|---|
 Nature Pod | 6.00 × 2.30 × 2.50 m | 13.8 m² | Outside HE0 and HE1 |
 Moon | 6.10 × 2.50 × 3.50 m | 15.3 m² | Outside HE0 and HE1 |
 Sofia | 6.10 × 2.55 × 4.00 m | 15.6 m² | Outside HE0 and HE1 |
 Maya | 6.70 × 2.55 × 4.00 m | 17.1 m² | Outside HE0 and HE1 |
 Sunshine | 6.70 × 2.55 × 4.00 m | 17.1 m² | Outside HE0 and HE1 |
 Felicia | 7.20 × 2.50 × 3.94 m | 18.0 m² | Outside HE0 and HE1 |
 Venus | 7.30 × 2.50 × 4.00 m | 18.3 m² | Outside HE0 and HE1 |
 Luna Office | 7.30 × 2.55 × 3.50 m | 18.6 m² | Outside HE0 and HE1 |
 Luna Home | 7.30 × 2.55 × 3.50 m | 18.6 m² | Outside HE0 and HE1 |
 Porto | 7.30 × 2.55 × 4.00 m | 18.6 m² | Outside HE0 and HE1 |
 Elise | 7.30 × 2.55 × 4.00 m | 18.6 m² | Outside HE0 and HE1 |
 Smile | 7.30 × 3.00 × 4.00 m | 21.9 m² | Outside HE0 and HE1 |
 Julia | 7.90 × 3.00 × 4.00 m | 23.7 m² | Outside HE0 and HE1 |
 River | 8.50 × 2.90 × 3.90 m | 24.6 m² | Outside HE0 and HE1 |
 Lucia | 7.50 × 4.00 × 4.00 m | 30.0 m² | Outside HE0 and HE1 |
 Sky | 11.00 × 3.45 × 4.35 m | 38.0 m² | Outside HE0 and HE1 |
 Zenith | 11.00 × 3.45 × 4.35 m | 38.0 m² | Outside HE0 and HE1 |
 Leah | 12.00 × 3.45 × 4.00 m | 41.4 m² | Check the usable floor area |
 Antonia | 9.00 × 7.95 × 4.00 m | 46.6 m² | Check the usable floor area |
 Evergreen | 8.30 × 6.00 × 4.00 m | 49.8 m² | Outside HE0 and HE1 |
 Helena | 9.20 × 5.98 × 4.00 m | 55.0 m² | Full DB-HE applies |
 Evergreen XL | 11.80 × 5.95 × 4.00 m | 70.2 m² | Full DB-HE applies |
Below 50 m² the other parts of the CTE (structure, fire, health) still apply, as do the plan general and the rules of your community. If the house is joined to another building, it is no longer a detached building. Ask us for the drawings and we will prepare them for your architect.
Good to know
Frequently asked questions about the licence
If my tiny house has wheels, do I need a licence?
If you are going to live in it on a plot, yes. National law makes the placing of prefabricated houses, temporary or permanent, subject to express authorisation, and in 2024 the Tribunal Supremo ruled that mobile homes are treated as prefabricated houses, not as trailers. The wheels do not change the answer.
Can I put it on rural land?
Hardly ever as a home. Suelo rústico is for farming, forestry and similar uses, and each autonomous community regulates a few exceptions, often tied to a farm or with prior authorisation and demanding conditions. Before buying land, ask the town hall what class of land it is and what the plan allows.
Who prepares the application?
An architect, because a dwelling needs a project. We send them the drawings, weights, U-values and technical documentation of the house free of charge, so they do not have to start from scratch.
What IVA do I pay?
Expect 21 %. The IVA law provides for 10 % for buildings suitable as dwellings, and Hacienda (the tax authority) applies it to prefabricated houses that are permanently fixed to the ground; a house that can be moved without damaging it falls under 21 %. Ask a tax adviser to confirm this for your case. There is no IVA in the Canary Islands: IGIC (the Canary Islands' own sales tax) applies there, and the house counts as an import.
Can I register my address at the house?
The padrón (the municipal register of residents) records where you really live, even if the dwelling is not legal: the official instructions even include caravans. But registering does not make the house legal or replace the licence.
We look at your plot with you
Tell us where your land is, what class of land it is and what the plan general says, and we will tell you which houses fit. We send you the drawings, weights, U-values and technical documentation for your architect and your town hall, free of charge.