Illegal building/registration – information please

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This topic contains 11 replies, has 5 voices, and was last updated by Profile photo of angie angie 2 years, 11 months ago.

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  • #57896
    Profile photo of Anonymous
    Anonymous
    Participant

    Hi there,
    My husband and I are looking to buy a property in the Malaga region. We have seen a property part of which (approx 50%) was extended illegaly. The vendors have a certificate from their architect showing that the works were carried out 15 years ago and are currently having the additional illegal part of the property included on the property registration at the land registry. However, I understand that if a building is built without planning and building regs then the property can never be made ‘legal’ . Only that after 4 years the town hall cannot take any action against the illegal part. We also understand that you cannot get a mortgage on any part of a building that is illegal. Although we do not require a mortgage we are concerned about when we come to sell it. Also what effect will the fact that the building was built illegally have on us maintaining the building or making alterations to it. The property is on urban land. Any information would be much appreciated.

  • #118912
    Profile photo of angie
    angie
    Spectator

    Beth, there are so many properties for sale legally, why would you want to buy one beset with potential problems? 😯 Is it because it’s very big for the money (with it’s illegal half) and therefore tempting? I’d look at a lot of others first if I was you πŸ™„

  • #118920
    Profile photo of Anonymous
    Anonymous
    Participant

    Beth, built without planning permission does not necessarily mean the extension can’t be legalised. In fact, it can be so long as it doesn’t contravene planning regulation. You just do a declaration of obra nueva and get it included on the deeds and registered with the property register. Your architect should be able to find out from the town hall if it can be legalised or not. If it can’t be legalised I wouldn’t go near it unless it is lovely and very cheap, and therefore worth the risk. There will be plenty of other legal properties to choose from.

  • #118924
    Profile photo of Anonymous
    Anonymous
    Participant

    Mark, thank you for your reply. Firstly I would make it clear that we are not interested in buying a property that has problems, is illegal etc. This is why we are trying to obtain as much information as possible. The property I referred to is in the process of being ‘legalised’ (addded to the deeds and registered at the land registry) and we would not sign any contract until it had been so. My query is, once a property has been ‘legalised’ does this mean that it will be regarded the same as a legally built property for the purposes of mortgages, repairs, alterations etc. In other words is there any disadvantage in purchasing a property that was originally built without planning permission (now legalised) to purchasing a property that was legal from the day it was built.

  • #118925
    Profile photo of Anonymous
    Anonymous
    Participant

    @angie wrote:

    Beth, there are so many properties for sale legally, why would you want to buy one beset with potential problems? 😯 Is it because it’s very big for the money (with it’s illegal half) and therefore tempting? I’d look at a lot of others first if I was you πŸ™„

    Angie, I don’t know which planet you have been living on. Of all the spanish properties that my husband and I have viewed over the past few months, the vast majority have had some sort of illegal build on the property whether it be minor or major. Unfortunately until you have gone to the expense of hiring lawyers and incurring costs it is not always possible to know. And no it was not because the property was ‘very big (with its illegal half) and therefore tempting’. Most people like ourselves just want to buy a holiday home without problems – which is proving very difficult in Spain to do.

  • #118927
    Profile photo of angie
    angie
    Spectator

    Planet Sensible Beth 😯 As Mark confirmed more or less what I said ‘there will be plenty of other legal properties to choose from’ what don’t you understand? πŸ™„ Anyway, you seem happy to view illegals so go ahead :mrgreen:

    You answered yourself too in your last para above πŸ˜• πŸ™„

  • #118928
    Profile photo of Anonymous
    Anonymous
    Participant

    sounds all ok and normal, just check that the total % build does not exceed the zoning/permission for the plot – Angie goes incandescent if anyone buys a property in Spain 😑 😑 😑 😑 :xshe’s got sour grapes; or is it lemons . Most properties have quirks which is why you need an independent expert and competent lawyer πŸ˜€ πŸ˜€ – Spanish as well, not the Brits masquerading as lawyers ::)))

  • #118929
    Profile photo of angie
    angie
    Spectator

    Paul Ubeda nips out again from his hiding place, what don’t you understand funny man, I said there are plenty of legal properties? πŸ˜†

  • #118931
    Profile photo of Anonymous
    Anonymous
    Participant

    please get my name right Angie 😑 😑 – after 2,300 negative posts people are still buying in Spain πŸ˜‰ πŸ˜‰ πŸ˜‰

  • #118932
    Profile photo of angie
    angie
    Spectator

    Please get your facts right WUM, nobody has said people aren’t buying, in fact friends of ours are buying a home in Spain on the CDS as well, but one with legal title of which there are plenty πŸ™„ πŸ˜†

  • #118934
    Profile photo of katy
    katy
    Spectator

    We bought a villa where an extension hadn’t been registered but they had planning permission. We put the onus on the seller to update the escritura at their expense.

    I know someone who sold an apartment on the CDS in December. Not exactly selling like hotcakes in La Zagaleta are they…despite claims and relaunches for the new year πŸ˜† πŸ˜† πŸ˜† πŸ˜† Has Taylor Wimpey sold the “last 4” yet!!!

  • #118935
    Profile photo of angie
    angie
    Spectator

    The idiot who doesn’t like living amongst Spaniards but works in Spain bigging up TW and Los Arqueros etc, now suggest breaking the law, whatever next Paul Ubeda. BTW Ubeda there are 100’s of resales on Los Arqueros’ own site, and on other sites all competing with the ‘selling like hotcakes’ new TW’s πŸ˜† :mrgreen:

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