Planning/ license issue

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08 Feb 2018 7:54 PM by vynehound Star rating. 27 posts Send private message

Hi my friend who does not use internet has put deposit on house and now has discovered that the kitchen was built using 9 meters of the porch. Her solicitor who is also the sellers solicitor has told my friend that a license was not needed because it hadn't increased the foot print of the house. The porch was 34 meters when the house was built and is now 25 meters. As this work has increased the inside living space we are worried that it has been done illegally, even though her solicitor is saying license wasn't needed . I understood from our architect when we were thinking of glassing in our porch that permission would be needed because it would increase our living space. Any advice 

 

 





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09 Feb 2018 9:43 AM by baz1946 Star rating. 2327 posts Send private message

When I bought one of my houses the seller told me 'Everything legal' repeated this a couple of times, this did raise some suspicion as to what he was going on about, anyway I wanted this house, deposit paid. solicitor set up, same one as the seller but she made it very clear under no circumstances was she working for the seller in any way, and told the seller this in front of us both, all went well up to the day of paying and signing over, my solicitor went though everything once again to make sure we understood what we were buying.

Now it came to the part of 'Everything legal' from the seller, she said your'e buying a house and garden, no garden I said, the seller had built a double garage in the place where most of the garden had been, pitched roof, water, electric, the works, so now we are in the Notaries office and all hell is let lose between the seller and my solicitor, with the seller coming out to me explaining yes the garage had been built with no permission but Spain had a law that if something like this was built and no one complained within 6 years then it stayed...No idea if this was true and don't care.

Paid the money over, moved in, also part of the large upstairs balcony had been glassed in with doors front and back which we converted into a dining room, sun room, never a mention of this from legal people or on the deeds.

I sold that house and told the agent about the garage, she asked me if I wanted it put on the deeds, not if the buyer isn't bothered, no I said, had that house for 10 years and not one problem ever arose over the garage or the glassed in part.





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09 Feb 2018 11:45 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

mariadecastro´s avatar

An old post on minor work licenses on this website:

https://www.eyeonspain.com/blogs/costaluz/1109/legal-tip-28-minor-work-licenses.aspx

And basic rule: Have always your own ( not shared with seller) independent lawyer!



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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