Spain: no building permit without a telecoms plan. What the ICT rules teach us

In Spain, a developer cannot put up a new apartment building without a separate plan for the telecoms facilities. That has been the case since 1998. Spain therefore laid down the digital foundations of buildings in law at an early stage, long before the European Union made rules for it.

For the Benelux, Spain is interesting because it shows what a mandatory system does and does not deliver. Here we take a closer look at the system.

How the Spanish system works

ICT stands for Infraestructuras Comunes de Telecomunicaciones: the shared telecoms infrastructure in a building. Think of the ducts, cabinets, technical rooms and cables through which television, telephone and internet reach every home or business premises. The aim: no more individual satellite dishes and cables on façades, and equal access for all providers.

The rules apply to buildings divided into separately owned units and to buildings that are let for more than a year. These can also be offices, hotels or care buildings. The procedure for a new building looks like this:

1. The telecoms plan. The client has a technical project drawn up. That plan goes with the application for the building permit, and a copy goes to the ministry.
2. Enquiry with providers. Through the government, the designer asks telecoms providers in the area which networks they have there. They have a maximum of 30 days to reply.
3. Completion. A registered installation company issues an installation certificate and fills in a measurement protocol. For larger or complex projects, such as more than 20 homes or a building not intended for housing, a supervising engineer also signs a final certificate.
4. Manual. Every user receives a manual, which must be passed on when the property is sold or let.

The measurement protocol contains real measurements, such as the signal strength of television, the attenuation of fibre and the quality of the copper network cables. Without the stamped documents, a new building does not get a permit for first occupation. This way, the system is tied to permits at both the beginning and the end.

The key steps over time:

• 1998: Real Decreto-ley 1/1998 lays the foundation. No permission for new construction or full renovation without telecoms infrastructure in the plan.
• 1999: the first implementing decree, Real Decreto 279/1999. The building act Ley 38/1999 makes access to telecoms a basic requirement for buildings.
• 2003: a new implementing decree, Real Decreto 401/2003.
• 2005: an amendment to the law stipulates that a telecoms engineer signs the plan.
• 2011: Real Decreto 346/2011 adds fibre and category 6 network cable. Orden ITC/1644/2011 sets out the procedure and the measurement protocol.
• 2012: the Supreme Court rules that the independent check of the plan is voluntary.
• 2014: other qualified technicians may also sign the plan.
• 2019: Orden ECE/983/2019 sets requirements for the fire behaviour of cables and updates the technical requirements.

What it has achieved

The biggest result is simple: for more than 25 years, new Spanish buildings have had a fixed route for telecoms, from the street into every home. A provider finds the space and the ducts already in place.

Spain is now in a strong position. According to the European Commission's 2025 Digital Decade report, as summarised by the Spanish government, Spain has the second-best fibre coverage in Europe: 95 per cent of households, and 86.3 per cent in rural areas. The European average in rural areas is 58.8 per cent.

That coverage is not only down to the ICT rules. Investment by providers also plays a part. But the rules did ensure that new buildings were ready when fibre arrived.

The system also produces paperwork. For every building covered by the rules, the plan, the installation certificate and the measurement protocol are held by the government. Anyone who wants to change something later knows what is there.

Spain records what is in a building at completion. What it does not record is how well it still works ten years later.

Where it falls short

The system has four clear limits.

• Prior checks are voluntary. Two organisations recognised by the accreditation body ENAC, the professional associations of telecoms engineers COIT and COITT, can check a plan. A checked plan is deemed to be in order. But since the Supreme Court rulings in 2012, that check has not been mandatory. The government can carry out its own inspections, but does so on a sample basis.
• Existing buildings are largely excluded. The obligation only applies to new construction and full renovation. Separate rules in the Spanish telecoms act of 2022 apply to fibre in existing buildings.
• It is about what is present at completion. The measurement protocol is filled in once, at completion. There is no repeat after five or ten years. Wi-Fi, users' network equipment, network security and building systems largely fall outside the mandatory infrastructure.
• Not every building takes part. A building that is not divided into separately owned units and is not let for more than a year does not need an ICT. An owner who uses an office themselves is therefore excluded.

What the Benelux can learn from it

Since 12 February 2026, the European Gigabit Infrastructure Act has required new buildings and buildings undergoing major renovation to be fibre-ready. Spain has been doing this for years.

Three lessons stand out:

1. Link the requirements to moments that already exist. Spain uses the building permit and the occupation permit. This makes the rule hard to get around.
2. Measure, and keep the measurement. A measurement protocol with fixed components makes results comparable. And because it is stored centrally, someone can later check what was delivered.
3. Keep the technical rules up to date. Spain renewed the technical rules in 1999, 2003, 2011 and 2019.

Portugal chose a similar mandatory system, but with its own technical manual that is revised regularly and with requirements for the training of professionals. Read more in our article on Portugal.

What this means for the IT-Label

The IT-Label picks up where Spanish law stops. Three differences are important.

First, the IT-Label looks not only at what is present, but also at how it works in practice. A Certified Partner assesses six areas: connectivity, infrastructure, performance, scalability, integration and smart building. Wi-Fi and building systems are simply part of that.

Second, the IT-Label is for new and existing commercial real estate. It is precisely existing buildings that are largely excluded from the rules in Spain.

Third, the certificate is valid for two years. This way, the label says something about the current state of a building, not just about the day of completion.

What the IT-Label does take from Spain: one fixed method, recorded results and independent assessment. You can read why such a shared approach is needed across the Benelux in why the IT-Label should become the Benelux standard. All countries side by side are in what the IT-Label can learn from other countries.

Frequently asked questions

What is an ICT project in Spain?

A technical plan for the shared telecoms infrastructure of a building. It is part of the building permit application for new construction and full renovation.

Who may sign an ICT project in Spain?

A university-trained technician who is qualified in the field of telecoms infrastructure. For a long time, that was only a telecoms engineer. Since an amendment to the law in 2014, the group has been broader.

Is the check of an ICT project mandatory?

No. Since rulings of the Spanish Supreme Court in 2012, that check has been voluntary. The installation certificate and the measurement protocol after construction are, however, mandatory.

Does the Spanish ICT obligation also apply to offices?

Yes, if the building is divided into separately owned units or is let for more than a year. An undivided office that the owner uses themselves is not covered.

Will the Netherlands or Belgium get a rule like the one in Spain?

In part, it already exists. Under the European Gigabit Infrastructure Act, new buildings and buildings undergoing major renovation have had to be fibre-ready since February 2026. A mandatory measurement protocol at completion, as in Spain, does not exist in the Benelux.

From rules to practice

A law can secure the basics in new buildings well. For existing buildings, and for how well the network really works, more is needed. Would you like to know where your building stands? With an IT-Label Pre-inspection, a Certified Partner examines the digital infrastructure, and you receive a report with strengths and areas for improvement.

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Sources: BOE, Real Decreto-ley 1/1998 (consolidated text); BOE, Ley 38/1999 de Ordenación de la Edificación; BOE, Real Decreto 279/1999; BOE, Real Decreto 401/2003; BOE, Real Decreto 346/2011; BOE, Orden ITC/1644/2011; BOE, Orden ECE/983/2019; Spanish government, ICT procedures; Spanish government, ICT frequently asked questions; La Moncloa, Digital Decade 2025. Checked on 18 October 2026.