February 10, 2008 at 8:11 pm #53636
My wife and I have found a property we both like in an area just north of Pago Del Humo (alcornoque ?)
We have been told by the agent (and my lawyer )that the property is fully and correctly registered with the land registry but that the property does not have building licence nor certificate of completion nor certificate of occupancy.
I have seen the NOTA Simple and the referenica catastral and all the details for the plot and building size appear to be correct on these.
We have been told that the property is in an AGB area – which is one of the areas designated for urbanisation, it has the required plot size, all the square metres on the deeds and pays rates so it is as legal as it can possibly be given that it is not in an urbanized area.
Can anyone give me any extra advice on what I can check or have my lawyer check to ensure that I do not run into any of the problems I have heard about concerning property in the area.
Or is this all too risky and should i just walk away ?
February 10, 2008 at 8:45 pm #78628
MARK´S NOTE 31JAN@ 10-58. See below.
There could be trouble ahead, if in doubt stay well clear.
The Priors had the ok from the town hall, lawyers etc . Caveat Emptor.
Chiclana, Cadiz, Andalucia
The process to legalise 15,000 illegally built properties in Chiclana starts today. From lunchtime today, owners of illegal properties can request information on the procedure for legalising properties, though applications for legal permits cannot be made until the summer.
Not all the illegally built properties in Chiclana will be included in this amnesty, and only those built in areas that are going to reclassified as urban will be legalised. It is unclear what will happen to the properties left out of the amnesty. The municipal council has promised ‘legal solutions’ rather than demolitions, but those are just words for now.
Nor will it be plain sailing for owners whose properties can be legalised. A big worry is how much the legalisation process will cost. Owners will have to meet the costs of urbanising the land in the districts that are included in a new urban plan, for example laying new roads, sewage pipes, and electricity connections. “We are talking about urbanising 18 million square metres,” says urban planning official José Pedro Butrón. “It’s like building a new city.” One source estimates the overall cost at 450 million Euros.
The legalisation process is long and complex, and is expected to take up to 8 years. That could be a big problem for foreign owners, many of whom might want to sell up before then.
Spanish Property Insight
February 11, 2008 at 11:22 am #78635
The above advice is accurate enough.
There are many properties available with full licences, LFO´s etc, which negates the need to have to settle for anything less.
I would personally not give it a second thought. Nor would I listen to a lawyer or agent in this instance.
February 11, 2008 at 10:18 pm #78662
Knowing the area well and never offering to sell properties in Chiclana due to what you already know. I’d stay well clear.
I know people in the area with illegal properties. Some properties are running on illegal electric supplies. Most have agua de pozo (well water) and septic tanks – Bare in mind we are expecting water shortages this year. Wells may dry out and that means big problems.
Need I mention that when an area is urbanised someone has to pay for it. That falls partly onto the owners in the area who pay towards new roads etc. You may lose some land or part of your house if it’s in an area where they think a road should be. Bare in mind they will only pay for the land taken as the house isn’t really there…!! Then charge you for the upgraded road, street lights, pavements, running of mains sewage etc.
All this is a plan and will take many years. Would you buy a property in the UK if someone told you all of the above…?? Don’t leave your head behind when buying in Spain just because a solicitor and agent tells you it will be ok in the future, get an independent solicitor who doesn’t work in the area.
February 12, 2008 at 9:03 pm #78679
Thanks for all the feedback so far.
Using the resource link on this website i have tracked down the correct land registry entry (catastral ?) for the villa and its plot.
The villa and all the outbuildings are on it correctly with correct sqm and the boundries are identified as i recognise them.
for USO LOCAL PRINCIPAL IT SAYS RESIDENCIAL
DOES ANY OF THIS GIVE ME ANY COMFORT ?
February 12, 2008 at 9:19 pm #78680
Well as much as the Priors had and they had all of the paperwork 😕
Your doing everything right in gaining as much information as you can and in the end no one is going to say to go for it on a forum and in the end it will be your decision.
Wish you well
February 13, 2008 at 10:46 am #78689
DOES ANY OF THIS GIVE ME ANY COMFORT ?
Like I said before seek legal advice AWAY from Chiclana. It would be better to spend a few hundred Euros now on a solicitor to tell you the truth who isn’t getting a nice incentive!!!!!
February 13, 2008 at 8:51 pm #78709
once again big thanks for all the advice so far.
To clarify I am certainly not expecting anyone to tell me to go for it or not.
I am merely looking for advice on what other independent research I can do myself in conjunction with the legal advice.
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