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Hi,
I wonder if anyone can advise me.
I am currently purchasing a vila in the Calpe area.
At first I was told all the building licences for alteration where in place. However having progressed the buying process I am now told the alterations (new terracing/pool/garage) where never subject to a building licence. The Town Hall had a file open on these issues and they have all been resolved and fines paid back in 2006. And now there is no open file as far as the Town Hall is concerned.
I have been told that the existing structures can remain as they are over four years old and thus the Town Hall cannot sanction their removal. Is this right? Is it effectively legalised now.
Please help!
Thank you for any help or advice that you can give :-)
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TP1
Yes, you're right. The Town Hall can't fine anymore so liability for building work lacking building permission lapses four years but in Valencia Region and according with 224.4 section of 16/2005 Valencia Planning Act there is an exception.
You won't benefit from that term if the land is classified as:
Green or free areas, utilities and infrastructure, community services or special protected land.
As you probably know some acts from the Town Hall can interrupt the term, also is important to find out when exactly began the term.
My advice:
When you are dealing with public bodies in Spain always you must get everything in writing. Now, you should obtain a 'certificado de no infracción urbanística' or 'certificado de prescripción urbanística from the Town Hall
This message was last edited by spanishsolicitor on 9/25/2008.
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Thank you for that
Hmmm worryingly I have just received an email from my conveyancer in reply to my question to whether or not it was Urban land ...
Quote: 'The house is built on land which is NOW classified as "Non-urbanisable", which is why there is a problem to obtain any Building Licence for the extensions. The minimum plot size, for this classification of land, is 10.000 sq. meters. When the house was first built, the land was classified as urbanisable but this was later changed under the new administration. The extra constructions can never be "legalised" as a Building Licence can NOT be approved (see above). However, as they have been built and finished over 4 years ago, the Town Hall now no longer have any authority to demand they be removed. The extra constructions CAN be declared in the Escritura (except for the partly-finished underbuild)'.
The villa (about 30 years old I guess) is in a lovely green area surrounded by trees (one of the reasons why i love it). However alarm bells are ringing for me in that it is no longer Urban land? On the plus side I guess there will be no more building around the plot BUT Could the Town Hall now say that it is an illegal build because it is no longer 'Urbanisable' and order it's removal ? Am i panicking over nothing? ... but you see such scaremongering on the TV over the illegal builds that are demolished and/or scheduled to be demolished.
Oh why can't it be straight forward!!
Thanks for any help/advice you can give.
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I don't know whether you have already have paid anything but my advice is to abandon that nice property
1º You don't know exactly what kind of non-urbanisable land is, as I said before there are some non-urbanisable lands on which that term is not applicable
2º You don't know whether the term is actual, there are some acts interrupting the term or some cases in which is not clear when the term begins.
Have you got any documents from the Town Hall recognizing the term and its consequences or you just have the words of your conveyancer ?
Until you get an official document from the Town Hall stating that your future house is immune against demolitions or fines don't pay any money or you will be the next in that TV programs.
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www.fljordan.com
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Thank you 'spanishsolicitor' for your quick and informative reply.
Yes I am sure you are right .. there seems to be a lot of questions unanswered and your advice to walk away must I know be the right thing to do. I have no official documents only the emails from the conveyancer.
Such a shame ... a lovely project ... for a good price ... Hmmm too good to be true!
I have paid an initial holding deposit to the Agent of 3000 euros but have not signed the contract yet. I have been told this is not refundable unless there is a problem with the property. Do the problems discussed warrant return of my deposit?
I will try and find out more on the land classification ... but I think the project looks like it is doomed .... :-(
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Could anybody explain this "The building has been there for over 4 years" so the Town Hall can not authorise a demolition ???? Is this really so , or am I not reading this right ?Thankyou
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Hi Janny,
Re: "The building has been there for over 4 years so the Town Hall can not authorise a demolition " ... A bit out of context I am afraid ... This is talking only about the extension (additional terracing) not the actual villa.
Sorry for any confusion.
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Thankyou I thought I was not quite reading it right. Also I do think a lot of people are under the shall I say misunderstanding that if their villa (house) has been built albeit illegally and has been completed over 4 years ago then they are allright .... so to speak ,but that is another subjuct and another myth ......but thankyou again
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TP1
Also think about for a while how would you prove that the property is over four years ? Obviously you have to prove that point with documents, have you seen any of those documents ?
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If you didn't sign any contract yet, the agent has to refund the monies because the property is illegal. Otherwise would be if your agent provided you with any certificate from the Town Hall regarding that prescription. Tell us about whether your agent is upright if you decided to move backwards
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www.fljordan.com
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No I have seen no documents whatsoever!
I have been told that the 'infringments' where subject to a Town Hall 'file'? .. and subsequently fines were paid back in 2006 and thus there is no longer an open 'file' at the Town Hall.
I did wonder how you would prove the additional structures were older than 4 years?
Over and above the additional structures (extensive terracing/pool/garage) there is also an under-build , that was started, I have been told this cannot be finished .. but if I were to finish it and it was not noticed for 4 years then it would be ok!
Arghhh .. I only wanted a nice villa ....
Thank you spanishsolicitor for empthasizing the important aspects and helping me to see through my 'Rose tinted glasses' !
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I think you felt in crazy love with that house, be very careful it is a lot of money you could lose
People prove that stuff through aerial photo CCDR in your case (Rustic digitized cadastral cartography) because the General Directorate of the Cadastre makes available to members of the public, companies, Public Administration Authorities and other public entities the cadastral information contained in its alphanumeric and graphic data-bases.
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www.fljordan.com
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Tell me...would you buy a property in Uk which did not have all the planning or buiding permits?
I suspect the answer in NO!
So what is the difference buying in Spain?
If you were getting a mortgage then you would probably have difficulty, so what is good for the banks is good for you!
Now that does not mean you should not buy it.....just that before you pay any money the title for all the house you are buying has to good..just like in UK or anywhere else for that matter
Lots of choice out there.....why risk your money!
Risk taken like this appears to be seem to end up on our TV!!
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Yes I hear what you are saying rowlandsbb. You make some very good points. Thank you for your input.
Back to the drawing board for me :-(
As you say plenty of choice out there and the longer I delay the better deal I should get in the current climate.
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Hi All,
Latest update in my Spanish villa purchase saga ....
Revisited 'dodgy' property! ... was not as good as I remembered what with the inherrent legal problems casting a shadow over it.
Anyway got my deposit back due to the legal problems with it :-)
... And icing on the cake .. found an excellent property .. better location .. better price ... and absolutely no building infringments to worry about!
Special thanks to 'spanishsolicitor' and 'rowlandsbb' too for bringing me back to earth ... I owe you a drink or two ;-)
This message was last edited by TP1 on 11/4/2008.This message was last edited by TP1 on 11/4/2008.
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Great to hear that everything has turned out OK
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Wonderful news.Congatulations!
Maria
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Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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