How the DGT's position has evolved
Current position
The delivery of housing by developers is taxed at 4% only if they are special regime social housing, publicly promoted housing, or housing with public protection that does not exceed the established limits for surface area, price, and income. In the case of general regime public protection housing, the reduced rate of 10% applies. For construction or rehabilitation works intended for housing, the rate is 10% if they are formalized directly between the developer and the contractor.
The DGT's position remains constant regarding the definition of the developer's status and the application of the reverse charge mechanism. The doctrine has moved from focusing on the nature of the work and the contractual relationship for the reverse charge, to specifying the specific limits of the tax rates applicable to housing according to its protection regime.
Turning points
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Establishes that supply with installation and assembly constitutes construction work if the company undertakes to achieve a specific result.
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Specifies that for a work to be considered rehabilitation, it must focus on reconstruction, with structural elements, facades, or roofs exceeding 50% of the cost.
Analysis based on 65 of 67 rulings with a stated position. Updated 10 September 2026.