Installing a flagpole in Spain: permission and rules

Hanging a flag from a balcony involves no paperwork. Installing a fixed flagpole is different: it is building work, and in Spain planning is the responsibility of the autonomous communities and the local councils. That is why the answer to whether permission is needed varies from place to place. This guide summarises the State framework, two regional examples and the other rules that may apply.

The State framework

Article 11.3 of the Land and Urban Renewal Act (Royal Legislative Decree 7/2015) provides that every building work requires the approval or authorisation that is mandatory under the spatial and urban planning legislation, that is, that of each autonomous community. The State does not set which procedure applies to a flagpole.

Permit, responsible declaration or nothing

Regional laws generally distinguish three procedures:

• Planning permission (licencia urbanística): for larger works, with prior authorisation from the council.
• Responsible declaration (declaración responsable): the developer declares that the work complies with the rules and may start, and the council checks it afterwards.
• No authorisation: for minor works that the law or the bylaw exempts.

A flagpole is in most cases a minor work of little constructional significance and technical simplicity, but each community and each municipality classifies it in its own way.

Example: Community of Madrid

Under article 155 of Law 9/2001 on Land of the Community of Madrid, as a general rule all construction, building or land-use works not expressly listed among those needing a permit (article 152) or needing no authorisation (article 160) are subject to a responsible planning declaration. Among the examples, the law lists the placing of hoardings, signs and other outdoor advertising visible from the public highway.

Example: Andalusia

Under article 138 of Law 7/2021 on the sustainability of the territory of Andalusia, minor works of little constructional significance and technical simplicity that do not require a project are subject to a responsible declaration. Local bylaws may exempt from the declaration works that do not affect planning or building rules.

Other communities have their own laws. The local council can say which procedure applies to a particular flagpole.

Taxes and fees

If the work requires a permit or a responsible declaration, the Tax on Constructions, Installations and Works (ICIO) may be payable, if the council has introduced it. Under article 100 of the consolidated text of the Local Finance Act, it applies to any construction, installation or work that requires a permit or a responsible declaration, and is calculated on the cost of the work. The council may also charge a processing fee.

Historic heritage

Under article 19.1 of Law 16/1985 on Spanish Historic Heritage, no interior or exterior work affecting a monument declared an Asset of Cultural Interest may be carried out without the express authorisation of the competent bodies, and the same authorisation is required to place any kind of sign, notice or symbol on façades or roofs and to carry out works in the surroundings covered by the declaration. In historic districts, special protection plans also apply. The autonomous communities have their own heritage laws.

Airports

Near airports, article 30 of Decree 584/1972 on aviation easements provides that the authorities may not authorise any construction or installation located in the aviation easement zones or that may be an obstacle without the prior approval of the aviation authority, and that this approval is also required for works not subject to prior control. A tall flagpole near an airfield may fall into that category.

Owners’ associations

In a building under horizontal property, article 7.1 of Law 49/1960 allows each owner to alter their own flat as long as this does not impair the safety of the building, its structure, its layout or its exterior, or harm the rights of another owner; in the rest of the building they may make no alteration. A flagpole on the façade, the roof or a shared garden therefore depends on the owners’ association and its statutes.

Foundations

According to ClickBanderas, there are three main anchoring systems:

• Direct embedding in concrete: the most common and robust for permanent installations, with a concrete block at least one sixth of the total height of the flagpole deep; at least one metre for a 6-metre flagpole.
• Bolted base plate: where the ground is already paved; according to the maker, it requires calculating the loads to size the plate and bolts.
• Portable weighted base: for fairs and events, not recommended by the maker above 4 or 5 metres outdoors or in windy areas.

The maker of each model gives the foundation dimensions in its assembly instructions. The guide to flagpole heights relates height to wind, and the guide to flagpole safety covers liability for damage.