Revised on 19 October 2026. If you find an error, write to me.
A mural is painted on a surface that rarely belongs to the artist, so three things need to be kept apart: the authorisation to work on the wall, the public permits the project may require, and the copyright in the result. Having permission to paint is not the same as agreeing how long the work will last; nor does being the author of the mural make the artist the owner of the building.
This guide is about authorised murals. An intervention conducted without consent may incur civil, administrative or criminal liability, however artistically original it may be.
1. Identify who may authorise the support
Authorisation must be granted by the party with authority over the wall:
- Individual owner. The authorisation must state in writing which surface is made available and for what intervention.
- Rented premises. The tenant may lack the authority to alter the facade; the contract must be reviewed and authorisation obtained from the owner.
- Community of owners. The facade is typically a common element. Informal permission from a resident or the occupant of the premises is not enough.
- Municipal property. The intervention requires authorisation from the competent body or service, not merely the support of a council department or the manager of the space.
- Surface owned by another public authority or public company. The ownership and the specific procedure must be identified.
The permission must include a sketch or a sufficient description, the surface, materials, schedule and the people responsible. A generic authorisation to ‘beautify’ a wall leaves too many decisions unresolved.
2. Municipal and heritage procedures
There is no single permit for murals applicable throughout Spain. Depending on the municipality, the property and the method of execution, the following may be involved:
- A declaración responsable (a self-declaration to the council), a prior notification or a planning licence.
- Heritage authorisation to intervene on a municipal asset.
- Use of the public highway for scaffolding, platforms, fencing or storage.
- Project or technical documentation and risk prevention measures.
- Regulations concerning facades, advertising, urban landscape, public order or cleanliness.
- Cultural heritage authorisation if the property is listed, protected or situated within an affected environment.
Before preparing a budget, ask the council for a response tied to the address, the surface, the sketch and the working methods. The fact that another mural in the municipality was executed without the same procedure does not demonstrate that this project is authorised.
3. Authorship and exploitation rights
An original mural may be protected by intellectual property rights from its inception. The ownership of the wall and the rights to the work are distinct.
Unless assigned or licensed, the owner of the surface does not automatically obtain the right to reproduce the mural in campaigns, products, posters or publications. The contract must specify:
- Photographs and video to document the project.
- Publication on websites and social media.
- Press, institutional records and archives.
- Advertising campaigns or products.
- Territory, duration, media, credit and permitted alterations.
Selling the mural or being paid for it does not amount to an unlimited assignment. If exploitation rights are agreed upon, they must be defined in writing. The guide How to authorise the reproduction of a work helps to define these uses.
4. Photographing and publishing a mural
If the mural is situated permanently on a facade open to a public thoroughfare, a photograph may be covered by the freedom of panorama under Article 35.2 of the Spanish Intellectual Property Act. This does not authorise the modification of the original painting or settle the rights of people or brands that appear in the image.
Consult Freedom of panorama: which works you can photograph and publish to distinguish between location, permanence and medium of reproduction.
5. The moral right to integrity
Article 14.4 grants the author an unwaivable and inalienable right to demand respect for the integrity of the work and to prevent any distortion, modification, alteration or attack that harms their legitimate interests or damages their reputation.
Not every physical alteration automatically constitutes an infringement. The regulation also requires prejudice to legitimate interests or damage to reputation. In a mural, this right, the ownership of the support, contractual obligations, the purpose of the property, and urban planning or safety decisions all converge.
Nor can it be said that the owner is always obliged to keep the wall and the work in place for ever. The analysis changes if the mural was agreed upon as ephemeral, if a duration was fixed, if the building requires rehabilitation or demolition, if a risk exists, if prior documentation is offered, and if the intervention attributes a degraded or manipulated version to the artist.
6. The Nagel case and its limits
The Supreme Court judgment of 18 January 2013, ECLI:ES:TS:2013:371, examined a sculpture by Andrés Nagel commissioned by the Amorebieta-Etxano City Council for a specific location. The dispute arose when it was removed because of an urban redevelopment.
It serves as a reference for studying the relationship between contract, location, and integrity in a work conceived for a specific site. It was not a case of a deleted mural and does not establish that any work linked to a location is immovable. The strength of the bond with the location and the prejudice required by Article 14.4 must be proven in each case.
I have not located, as of the date of revision, a published and sufficiently comparable Spanish ruling focused specifically on the demolition or erasure of an authorised mural. This absence does not show that there are no disputes, or that there are no rulings I have not found.
7. What the agreement must contain
Before commencing, ensure the following is in writing:
- Identification of the parties and authority over the support.
- Address, surface area, sketch, materials, and schedule.
- Price, advance payments, expenses, taxes, and phased payments.
- Permits and the person responsible for obtaining them.
- Access, electricity, water, scaffolding, and safety.
- Completion date, acceptance, and correction of defects.
- Expected duration: permanent, temporary, or without a guarantee of permanence.
- Conservation, cleaning, restoration, and the possibility of intervention by third parties.
- Notice prior to covering, altering, relocating, or demolishing.
- The artist's right to document the work prior to its disappearance.
- Reproduction rights and credit.
- Cancellation, force majeure, vandalism, and liability for damages.
- Public liability insurance and, if applicable, coverage for the work and equipment.
If it forms part of a broader commission, it is worth reading the guide How to commission graphic design for an art project, adapting its criteria to the architectural support and work in public space.
8. Documenting the mural
Keep:
- Authorisations and permits.
- Contract, accepted sketch, and changes.
- Photographs of the support prior to intervention.
- Process, materials, and technical data sheets.
- Frontal photographs, details, and relationship with the surroundings.
- Completion date and certificate of acceptance.
- Incidents, repairs, and communications regarding removal.
Documentation cannot stop a mural from disappearing, but it lets you prove the work, the scope of the commission and its condition before any alteration.
Checklist
- I have written authorisation from the party with authority over the support.
- I have consulted the applicable municipal and heritage procedures.
- The contract identifies the sketch, duration, maintenance, and reproduction rights.
- Provision is made for what happens if it is covered, altered, or demolished.
- Safety, access, insurance, and liability are assigned.
- I have documented the support, the process, and the finished work.
About the open conversation
Administrative requirements depend on the municipality and the property. The right to integrity requires an assessment of specific facts and damages. This guide does not replace urban planning, heritage, or legal advice. If you know of a Spanish ruling on the erasure or demolition of murals, you can write to me.