out buildings not appearing on deeds

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This topic contains 11 replies, has 7 voices, and was last updated by Profile photo of Anonymous Anonymous 10 years, 4 months ago.

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  • #51975
    Profile photo of Anonymous
    Anonymous
    Participant

    Can anyone advise me?

    Our spanish estate agent has given me the contract for a property we are about to buy, and it doesn’t make any mention of the three outbuildings on the property (converted water deposit come swimming pool included. )
    On questioning he said that this is often the case with spanish properties, and all we need to do is photograph the buildings, to prove they exsist before the sale goes through.
    Our plan is to restore the property and use all of these out buildings as further accomodation. Also we will want to sell it on.
    Any advice gladly excepted!

  • #63439
    Profile photo of Anonymous
    Anonymous
    Participant

    I wouldn’t trust this guy. If you don’t have a solicitor get one. He/she will sort it out for you. If you buy and the outbuildings aren’t registered then they are most likely illegal. You will then either have to go and register them yourselves, provided they are at least 7 years old as otherwise you may end up having to pull them down. I have an inkling that the law changed last September and that illegal buildings now have to have been errected 25 years ago, but as I said – get yourself a solicitor. Never sign a contract without professional advice. You wouldn’t do it in UK, why do it in Spain?
    Also there is not guarantee that just because there are outbuildings you will be allowed to convert them – legally – into living accommodation.

    Sabine

  • #63450
    Profile photo of Anonymous
    Anonymous
    Participant

    Thanks Sabine

    I agree, it all seems just a bit to casual.
    They keep telling us that’s how it is here. It’s one of those situations where we don’t want to appear up tight and untrusting but we’re also very inexperienced.
    Thanks again it’s good to get sensible advice.

  • #63454
    Profile photo of Melosine
    Melosine
    Participant

    IT is NOT how it is here. It is how they want you to think it is.
    Never ,ever buy anything in the world without using a lawyer. One Independant to the vendor or their agent

  • #63456
    Profile photo of Melosine
    Melosine
    Participant

    Excuse me but how does taking a photograph PROVE the buildings were there before you bought the property ?????
    Appreciate some photo’s can have a date on but don’t think this will be acceptable proof when fightng your case in a Spanish court.

  • #63485
    Profile photo of mariadecastro
    mariadecastro
    Participant

    If those outbuildings are legal, it may be that a registry procedure is needed to have the land registry information matching the reality.

    If those outbuildings are not legal, the path will be longer and more difficult and you may end up not having them ever in your deeds.

    Of course, go get and independent lawyer to go ahead.

  • #63514
    Profile photo of Anonymous
    Anonymous
    Participant

    Your lawyer should be able to insert a clause into the contract stating that the costs of declaring the outbuildings will be paid by the seller – the declaration is known as an ‘obra nueva’.

  • #63515
    Profile photo of mariadecastro
    mariadecastro
    Participant

    I agree with Rawlins´pragmatic solution. Have the obra nueva procedure made or at least paid by the seller. You can insert a clause regarding this requirement in the sales contract ta have it enforceable.

  • #63523
    Profile photo of Anonymous
    Anonymous
    Participant

    Goodness!! This is such a great forum!

    Thank you all for your very helpful and useful advice. I will and am acting on it.

  • #63542
    Profile photo of Anonymous
    Anonymous
    Participant

    Shan,

    Our plan is to restore the property and use all of these out buildings as further accomodation. Also we will want to sell it on

    I’m afraid this is going to be the ‘hard’ point of the whole issue…

    Making those constructions ‘legal’ from a ‘property’ or Land Registry point of view wont be difficult, it just costs some money… problem comes from planning and Town Council point of view… Do they meet local planning regulations? Were they built with a valid license? If not, Can you proof in a legally unquestionable manner that the construction is more than 4 years old?… You may be risking a Town Hall demolition order…

    Additionaly you must be aware that auxiliary constructions cannot be used as accomodation if you do not have an specific license to do so…

    Instruct your lawyer to check everyhing twice

    Cesar

  • #63546
    Profile photo of Anonymous
    Anonymous
    Participant

    Dear Shan,

    Our company took over the ownership of a house on a plot in an urbanisation near Altea la Vieja, Alicante, as settlement of a debt. At the time we knew the house, constructed in 1976, was not registered in the land registry and we are currentky rectifying this by putting together the following documents:-

    1. Certificado Catastral, “descriptivo y grafico”. This certificate is obtained from the area office dealing with the equivalent of UK rates.

    2. Certificado del Ayuntamiento. This certificate has to give details of the land and a description of the house and confirms that the house is more than 10 years old. In the next few weeks we will be giving the Ayuntamiento a technical report and plans we had to have prepared by a local professional to allow the Ayuntamiento to issue their certificate

    3. The latest receipt showing rates/taxes had been paid.

    4. Proof of ownership (Titular de propiedad). This is the Escritura of the land transferred to us as entered in the land registry.

    5. Full details of the owner.

    I hope this gives you an indication as to what could be involved but would strongly agrree with all other comments as to not taking action without good legal advice.

    Good luck

    Terry English

  • #63556
    Profile photo of Anonymous
    Anonymous
    Participant

    Thank you so much everyone for your fantastic advice . I’ve taken time to digest it all, and have enlisted a lawyer recommended on this site.
    I have just asked him ( Thank you Rawlins ) about introducing the ‘obra nueva’ clause into the contract. I’ve learn’t such alot this week!
    We still plan to go ahead with the sale but with our eyes wide open. Thanks again, this site is fabulous.
    Shan

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