Would you buy a property .......?

would you buy a property that did not correspond with the deeds eg swimming pool has licence but not registered, likewise enclosed terrace and conservatory

Would you insist these were registered befor buying, or ask the seller to leave the appropriate amount to cover it, or deduct it from the amount sold?

 I know owners who just did nothing about the  additions, the house sold, no problem

But if I were a buyer....

Firstly, the solicitor should not allow the sale if these weren't on these deeds. It's part of what they get paid for but we all know some solicitors aren't as diligent as others. Secondly it depends on how long these were built. If over a certain time, they automatically get registered but you'd have to check on how long that is as it varies between regions.

When we sold our flat, we had to leave a payment to cover the habitation certificate but we hadn't had any building works done. On our house, we had extra fitted but the seller (in this case the builder) had to have the deeds altered to show this (a larger utility room outside, for example) and we only got the deeds when this was done. Others have had these same buildings done along with other work and may have problems when coming to sell as the ayuntamiento is clamping down.

Things like glass curtains don't have to be registered as they are classed as temporary but anything permanently altering or adding to the structure has to be.

And, no, knowing what I know now I wouldn't touch a property that didn't match the deeds nor even take a payment to have it done due to the amount of fines being issued.

And never trust a builder who says you don't need to have them registered.

I don't understand how they can be automatically registered, as it is a costly process involving architects plans, notary fees etc.

The council isn't going to let people off that!

I know that after a certain period, usually four years, they cannot fine you ,but you are still obliged to legalise the additions

In the case of a conservatory  it is a grey area apparently.

Anything which increases the habitable space has to be registered, 

Conservatories are usually on a concrete base, so I would presume they do have to be registered.

Another thing, if the habitation certificate is obtaIned many years after the deeds were issued, surely all the additions would have to be registered and the escritura updated before the certificate is issued?

I would insist at it being fixed before purchase and I think it should be illegal for a house that is not up to scratch to be put on the market. I find it amazing that they are even allowed to be sold, anyone who thinks a notary offers  protection is mistaken.

In fact this has been a constant issue in our search for buying a house, perfect properties as far as we can tell are non existent. I do feel that we can try and accomodate the process where necessary but it's a mess and it at times is just not very simple.

For the right house I would be prepared to lose the buildings altogether if that was the only option, not at my cost though.

With all the many pitfalls to buying property in Spain, the hidden complications associated with building licences, the inconsistencies of adminstrative processes and adherence to new regulations and existing law across different regions, the continuing problems associated with unregulated banks and notaries, retrospective taxes applied after purchase, complexities and difficulties associated with adherence to community laws and their effective enforcement , outstanding insecurities associated with costa ley laws, illegal builds, major delays and inconsistences within the justice system compromising timely law enforcement etc, all lead to the conclusion that until such time as ALL professions within the Spanish real estate industry (including legal professionals and Banks) are adequately monitored and regulated,  then those who fail to seek out a trusted, knowledgeable and independent conveyancing lawyer from the outset sadly do so at great risk.