Extensions/amendments to property on rustic land

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14 Oct 2008 12:00 AM by annedwithane Star rating. 4 posts Send private message

I'm looking for some advice on a property we are hoping to buy.  We had originally been told is was urbanised (it has all mains services, including drains), but our lawyer has now confirmed that although the house is rated urbano, the land is rustico.  We are very concerned about this as two things we'd planned to do in the future was 1. add a covered terrace and 2. improve the swimming pool.  We've been told that we can't legally do either of these things because of the villa being on rustic land.  Just looking for some advice, possibly from someone who has been in this situation before.  The terrace is very narrow and we'd like to extend the raised tiled patio outwards by approx 1 metre, and add a more permanent roof than is currently there, but it has been suggested we are not legally allowed to do that.  Being told that we could never modernise our pool is very disappointing.  We thought that we could surely upgrade the existing pool, provided it was on the same location and a similar size to the existing one, but our lawyer has told us that again that would not be allowed.  Realistically what are the risks if we were to proceed at a later date with either of those, or are these improvement we shouldn't take the risk of carrying out.  I'd very much appreciate any thoughts or advice on this.



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14 Oct 2008 6:11 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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These cases are difficult to appraise without full documentation at hand.

Best,

Maria

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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14 Oct 2008 7:50 PM by annedwithane Star rating. 4 posts Send private message

Thanks for the feedback.  We've just been advised that the property is currently classed as urbano (it clearly states this on the current catastro) but the local town hall has advised that they are proposing to reclassify the area to rustico.  This is something the estate agent said he had never heard of before so we're all very confused about it.  Has anyone ever heard of this happening before?



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15 Oct 2008 7:29 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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It can happen. It depend on regional and local regulations. What is your Comunidad Autónoma?



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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15 Oct 2008 8:49 AM by annedwithane Star rating. 4 posts Send private message

Hi Maria

The property is in Enguera in Comunidad Valencia.  Should we be concerned about this?



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15 Oct 2008 9:22 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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Check on this in the Planning department of Enguera Local Council



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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22 Oct 2008 1:25 PM by pknott Star rating in Costa Blanca. 142 posts Send private message

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As I looking at a finca on rustico land...I was wondering if garden sheds, small/medium or large count as needing planning permission? In particular I know in Ireland there is a limit as to the size of a shed you can have (more like a small room at the end of the garden)...any ideas on these types of structures on rustic land?

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Always prepare to change and be the best you can.... Read my Blog...



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