September 3, 2015 at 11:05 am #187401
my wife and i are trying to buy a property here in Ibiza. We were told yesterday by a new lawyer the the amnesty in place since 2014 has been ended by the new government.
The Balearic law as we understood it was as per the following…
On 14 July 2014 the new land law 2/2014 (ley de ordenación y el uso del suelo) came into force allowing owners of rural properties to legalise buildings or parts of buildings which were built without planning permission. They will be given a three year amnesty in which to rectify discrepancies & must pay a percentage of the costs involved as a fine, ranging from 15% in the first year to 25% in the third year, in the hope of encouraging early response
The house we are looking to buy has 163 metres legal and 115 not so we are rather concerned. We have tried to find out more information online but no joy, and were wondering if anyone here could shed any light on this ? Many thanks , Giancarlo
September 3, 2015 at 12:16 pm #187402
Just had word from the lawyer that she was in fact wrong, the law is still in place for the time being
regarding the LOUS (properties amnesty law – ley amnistía inmuebles) after the elections, the new government stated expressly that their will was to revoke the precept allowing the dwellings legalisation. Due to this, a lot of people started to speed up the paperwork and procedure to submit the documents needed. To this date, the law is into force, but it cannot be assure for how long nor if finally the “amnesty” will be applied for the 3 scheduled years. Obviously, if they were working to revoke it, they will not make it public, so we could find from one day to another that it is not into force any longer. If this precept was no longer into force, it seems that it would not be able to be applied with retroactive effects`
..and so this Spanish minefield stretches in to the distance
September 12, 2015 at 12:57 pm #187491EmmaParticipant
We put in our legalisation project last Oct/Nov and still have heard nothing. Recently we were told that the first meeting to consider all of the projects submitted in the first 6 months after the amnesty was announced would be in Sept. Specifically I believe our architect has a meeting with the someone official on Sept 22nd. We have also been told that this means noone has been given their legalisation yet.
We have been round and round and round in circles on this one so many times that nothing would surprise me any more. None of our house has an original permit (or at least noone can find it in the archives) although we had no idea about his until we came to submit planning applications to move the pool 5 years ago. When we bought the house we were told it was completely legal and we pay taxes etc. and have lots of legal papers/certifcates for the house, just not the one original licence. Apparently noone asked for this 15 years ago when we bought the house.
Do you know if the fine is 15% + IVA or just 15%. Please keep sharing anything you hear and I will too. I love Ibiza but it does drive me mad…
July 20, 2016 at 11:51 pm #191908Tchase25Participant
im not sure if this post has long gone now but I know this problem still exists as we seem to be facing it on every property we try to buy in Ibiza.
wondered if anyone can recommend a property seller that knows all the rules?
July 22, 2016 at 1:21 pm #191950
Hi all, i have a good link to lawyers that have regular blog posts on many subjects related to
property in the Balearics. Rather than trusting
blurbfrom a less than qualified estate agent
who just wants to sell you the land, look at
Paying a qualified lawyer will ultimately save money and heartache in the long run in my honest opinion.
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