Illegal Buildings - Valencia

Spanish Valencian Regional Government : Undeclared illegal buildings:

In August a new law: DOGV 5/2014 (Planning, Urbanism and Landscape) could affect all homeowners of illegal dwellings built on less than 10.000 M2 on rustic land, as well as those who extended properties illegally.

Before last month, the act would possibly allow a property or part to become legalized after 4 years, by submitting a “certificate of old age or certificado de antigüedad.  Under article 236 of the new Act a 15 year period must pass before it is possible to attempt legalization. The 15 years counts from when the building(s) were erected, so evidence will be required. Another regional law to add to the chaotic, complicated web of property legislation or an excuse to fill the coffers of an almost bankrupt region with heavy fines?

Was thinking of property purchase In and around Valencia (after thinking of Almeria initially) So in short is this the reason there are so many apparently cheap properties are available at the moment? Is it reasonable to assume the only "safe" way to purchase is 1. A property at least 15 years old. 2. A property in residential or urban land. 3. Avoid rustic land/plots at all costs. Is there a possibility even if following these three rules you could still come unstuck becasue apparently legal urban land was re designated from rustic land? Think I may look at Southern France given these circumstances.

If you look at chat sites from some expats in Southern France you'll still get the ones who pick out worst and most negative aspects of anything. This site appears to attract more than its fair share.

There are hundreds of thousands who have bought in Spain with no problems. You don't hear from them.

Yes, be careful but don't let it put you off.

I thought the period you had to wait until legalisating a building had changed from 4 to 6 years a couple of years ago, but my experience is in Andalucia. Presumably each region legislates separately on this.

I also was told that the Government takes annual aerial photos and so can tell what is and what isn't there and thus in fact, even if you don't have a piece of paper saying the building was there 6 or 15 years ago, the Government itself might have the proof. In our part of Spain the locals just throw up a structure with a roof and then take their time building the rest whenever they have the time or money and I presumed this was because of the idea of the aerial photos.

But I don't know if this idea of the aerial photos is fact or fiction.

The new extended 4-15 year rule applies to Valencia.  There are 17 autonomous communities in Spain all able to pass their own legislation concerning construction and many other issues therefore ‘rules’ can differ from area to area. Aerial photography is a fact and is used to over-lay original plans to find illegal buildings in many regions.

Spain is tightening up on illegal buildings and by ‘illegal’ it does not just mean buildings constructed on non-urban sites. A council may grant a license to build on land that THEY consider legal (e.g. rustic land that has been reclassified by them) but the Junta may not agree – therefore the building becomes illegal. Buildings without title, undeclared extensions, oversize buildings and those built without a project, to name just a few, are considered illegal.

Nobody knows how many ‘illegal’ homes there are in Spain but it is estimated that there are around 500,000 in Valencia & Andalucia alone.

Mariedev writes If you look at chat sites from some expats in Southern France you'll still get the ones who pick out worst and most negative aspects of anything. This site appears to attract more than its fair share.

There is no ‘worse or negative’ aspect to this problem as this issue affects thousands who unlike you were not lucky enough to have bought a problem free home. Life for these poor people must be devastating through no fault of their own.

Thanks Woodbug...the picture you paint is quite gloomy but nonetheless I think it is accurate. It appears there is NO absolutely certain way of knowing if that fateful letter from the Spanish Govt will arrive or not arrive . Not sure the consequences are worth the risk is my current way of thinking. Frankly I just dont understand the Spanish authorities attitudes to these issues. Without the foreign investment in Spain since the demise of Franco they`d still be living in the dark ages! The fear I have is the uncertainty surrounding property purchase with such incompetency and corruption throughout the Spanish govt both national , regional and local. The figure of 500,000 illegal properties you quote in Valencia and Andalucia is way above my estimation and certainly food for thought. The other fear is what financial  measures the Spanish Govt may take against foreign property owners as their economy suffers even more. Spain is stil in recession and still a poor relation of the EU. Personally I think it is about time the Spanish Govt set their stall out and introduced laws to protect foreign property owners from the corruption brought about by their own officials. Protecting foreign owners will boost confidence back into the Spanish economy and generate income to bring Spain back out of recession. Maybe I should be thinking of Scotland as a place to invest in holiday/retirement property!!!  

If the correct approach is made to property purchase in Spain it can be quite safe, but knowing the system is the key. Most Spanish buyers use a notary and don’t bother with an Abogado (qualified lawyer). This is OK if you know the system and area well but a notary has no legal obligation to you, his job is to ensure that all documents and registration procedures are correct. Never use a lawyer recommended to you by any interested party in your purchase – their liability to you may be very limited. You must select an English speaking Abogado with a guaranteed public liability insurance – ask to see it!

Get everything in writing; don’t back away from this rule...... see this link: http://www.culturespain.com/2013/11/13/essential-questions-put-conveyancing-lawyer/ and of most importance  – do your own homework.

The link shown below will explain the procedures and recommendations of house buying issued by the Spanish authorities. It amazes me how many people proceed with a purchase even though they have not got a habitation certificate or deeds of ownership and there are thousands of them....... a volcano waiting to erupt!

 http://www.fomento.gob.es/NR/rdonlyres/062ECBD7-5F1D-42EA-AAC8-8EC29AD04DFC/102197/06_safeltpurchase_house_en.pdf

To be fair, if you built a house or extended one anywhere in UK without planning permission or built a house in a protected area, you would be ordered to pull it down. Would you buy a home in UK without a survey or an English speaking lawyer?  Would you continue a purchase if you were told that there were no deeds to the property and it was illegal? It’s just the same in Spain only in a different language.

Oscarverano, 

Scotland would be a fine place to invest in holiday / retirement property!  :-)  I'd be there like a shot if my wife would let me!  Fed up of the heat and humidity! 

Just kidding, it may look gloomy from outside but if you want to play it safe buy an older property and avoid rustic land. 

But more importantly do your homework on the property. The problems normally arise in "hot areas" such as next to the coast and recently built urbanisations outside city/town limits. The safest option is to buy within a city/town or a well established development, I wouldn't avoid Spain altogether. It beats the south of France any day.

One very good reason to avoid France................... Tax. If you think UK is bad France is far worse.

Thanks for the info always welcome in the property minefield!!!  Just come acrossa traditional Finca in Andalusis in a great location..needs some modernisation but ticks a lot of our boxes..rustic land but over 300m of outbuildings to play with!!! :)

You can insure your house purchase with a UK company that will give you a secure title for 20 years see link below.

http://www.stewart.com/press-release/stewart-title-ltd.-introduces-the-safe-property-indemnity-in-spain

A new Urban Law in Valencia which came into force on August, 20, 2014 extends the time illegally built property can remain 

All isolated constructions located on non-buildable land; built before 1975 May 2^nd with no Local License will be assimilated to licensed properties.

For the rest of properties not meeting requirements above, the rule is that a property will be considered as consolidated (legalizable) if there building density is equal of greater than three homes per 10,000m2.

These property consolidations-legalizations will require a new urbanization project: Considering environmental requirements and installation of all necessary infrastructures. The process will be directed by Local Councils.

This new law is an opportunity for property owners in Valencia region to prepare a defense for the legalization of these.

In regards to title deeds insurances, in my opinion lawyers indemnity insurance is enough for covering any eventual mistake on property transactions. But, of course, hiring an addittional one is always a matter for consideration.

What is the Govt beauracracy that affects properties in Almeria? 

Oscarverano:

Checks need to be done before  each particular  Local Council. Which is yours?

Cheers

María

Don`t know at this moment in time as Im just a prospective buyer. Looking at Almeria mainly so could be Albox, Arboleas or Huercal Overa. Is Almeria autonomous? If not who governs Almeria law??

Thanks

Almeria is a province in the autonomous region of Andalusia. 

Almeria is in Andalucia region ( Autonomous Community)