property registration

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This topic contains 3 replies, has 4 voices, and was last updated by Profile photo of Anonymous Anonymous 9 years, 1 month ago.

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  • #53401
    Profile photo of Anonymous
    Anonymous
    Participant

    I am buying a property in Mallorca with a registered area of 90 sq.metres but an actual area of 130 sq. metres. This is an old property and I wondered if the discrepancy was usual or a problem.

  • #75522
    Profile photo of Anonymous
    Anonymous
    Participant

    @paulsnap wrote:

    I wondered if the discrepancy was usual or a problem.

    Both! (Possibly.). It’s most likely that the vendors or some other previous owner(s) have carried out works (extensions, extra floor, roof terrace etc) “illegally” and so the additional sq m has never been recorded or registered.
    This topic has been covered a few times before if you carry out a “search”.
    You should ensure that the vendors rectify the situation before you commit to buy and that they pay any outstanding fines, back taxes etc otherwise they come with the house.

  • #75541
    Profile photo of mariadecastro
    mariadecastro
    Participant

    Or een being legal they have not granted the proper New Work Declaration deed and have not registered that in the Land Registry.

    M

  • #75643
    Profile photo of Anonymous
    Anonymous
    Participant

    I am looking at a property which was built about 4 years ago on rustic land.

    At that time the minimum sized plot to build a house was 7000m2 and for that you could build at a rate of .15% giving a maximum size of house of about 100m2.

    The house was overbuilt to about 150m2. The escritura shows only the 100m2.

    Everything else is legal – it is registered and has an LFO, power and water etc. It is on the catastral as 100m2 and IBI is paid. I believe that a small mortgage was granted without a problem.

    Should I buy it “as seen” or insist on it being regularised.

    If I want to have it regularised will that be possible as its area exceeds what would have been possible in the first place.

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