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Home Sale without Building Licences

Posted: Tue Nov 9, 2021 12:35pm
3 replies56 views3 members subscribed
CarrieTO

Posts: 4

Location: El Faro

Joined: 31 Oct 2021

We have started the process to buy a house in El Faro and it is over 200m2 with a pool on a plot of 800m2. We just found out from our lawyer that only 75m2 have been register at the land registry and nothing for the pool. How hard is it to get the building and pool registered? How long does it take? Any insight would be appreciated. If we got an architect to survey it would this then be able to be registered with the assistance of our lawyer? We doubt the previous owners will do anything. 
Thanks in advance. 

Holaitsdavid

Posted: Tue Nov 9, 2021 9:30pm

Holaitsdavid

Helpful member

Posts: 348

162 helpful points

Location: Mijas Costa

Joined: 30 Mar 2021

Posted: Tue Nov 9, 2021 9:30pm

Wow that could be a problem, you really need to insist the owner registers before you complete the deal your lawyer should be dealing with this. 

https://news.spainhouses.net/2019/10/what-happens-if-a-property-is-not-registered-in-the-property-registry/

https://www.justlanded.com/english/Spain/Articles/Property/Are-you-about-to-buy-an-illegal-property

lospacoshombre

Posted: Wed Nov 10, 2021 8:38pm

Posts: 3

1 helpful points

Location: Fuengirola

Joined: 21 Sep 2021

Posted: Wed Nov 10, 2021 8:38pm

Hi,

Obviously the house is illegal, which may give you leverage on a deal, but there is a risk as the ayuntamiento may not legalise it. Therefore obviously it needs to be legalised prior to you buying it.

We did the same and it took a couple of months with our gestor dealing with the council, there was a fine to pay to legalise it, ours was about 2.5 k, (paid by the then owner) 

This seems to be relatively common thing, but as I understand it you cannot market a house until it’s legalised so you should not have been shown it!

But something that occurred to me afterwards is that the works done to the original house would have been “cash” and with no architect, and therefore open to abuse with regards to the quality of the work. (Guaranteed til they leave the property springs to mind) Spanish trades are notorious bodgers and no architect would mean no over seeing of quality. We found this when various issues arose from the conversion which were not done properly.

Good luck 

Al 

Holaitsdavid

Posted: Wed Nov 10, 2021 9:54pm

Holaitsdavid

Helpful member

Posts: 348

162 helpful points

Location: Mijas Costa

Joined: 30 Mar 2021

Posted: Wed Nov 10, 2021 9:54pm

I note this quote 2019 "estimated 300,000 properties deemed to be illegally built in Andalucía. "Madness". 

https://www.judicaregroup.com/site/blog/jonnies-blog/have-you-got-an-illegal-property-in-andalucia

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