[Anonymous]

Hi there, I am interested in buying a 12 year old detached property, but the house which registered in the Land Registry and the Town Hall is now found to be too big for the plot.
What happens in such a case ? Willem

[Anonymous]

What happens with what ?

Has the town hall written to you reporting the illegality ?

[Anonymous]

What happens in such a case ?

In Spain, if there are any complications at all with regard to property you can guarantee the following:

1. Things will get complex and bureaucratic
2. You will need lots of expensive local advice
3. Nothing will be resolved for years
4. Then it will unravel again
5. Then you will need lots of expensive local advice

Just walk away, have a nice cool drink – and look ELSEWHERE…

[Anonymous]

Hi guys, thank you for your replies.
The sellers of this house, who were the second or third owners, applied to the Town Hall to have corrections made to the original Cedula prior to the resale, as seaches revealed the discrepancy in the size. They were told by the Town Hall that correction was possible, and on applying to have the correction made it appears that the house as originally built is too big for the site. Cheers Willem.

[Anonymous]

Well, at least the problem is theirs to sort out (if they want to sell) and not yours!
They will have to try to get a certificate of antiquity I guess and get the building regularised retrospectively.
Has the problem arisen because of an extension to the original property?
The worst case scenario is they may be forced to demolish part of the structure to comply with the occupancy regulation. Let’s hope not!

[Anonymous]

Hi Hillbilly, the property has not been extended, the footprint remains the same, no alterations have been done since it was built, and it would be impossible to demolish just a part of it. The original Land Registry and Cedula are for different habitable surfaces, and neither are correct; facts that were apparently accepted originally and also at its’ subsequent re-sales.
I am intrigued at how such a situation occurs and if and how it can be rectified. Willem

[Anonymous]

The easy reply is it cannot be done unless they buy more land.

But I wouldn’t worry it’s not as if the town hall was going to pull it down.

If it were the prior owners who did these changes in size and your friends bought with good faith without knowing this they cannot be blamed for it legally. The town hall should have acted before and they didn’t. Perhaps they might impose some fine but that will be all. If enough time has gone by the actions of the tw may have prescribed already.

I really wouldn’t worry about it unless the town hall actually contacted them.

[Anonymous]

Hi Draken and thank you for your reply which I have duly noted.

The Town Hall is now aware of the actual size of this house, which has not changed in any way since it was built 12 years´ ago, as the owners applied to have the original incorrect entry amended this has been has been refused . as they say the house is too big for the plot, although it is on an established finished urbanisation of similar looking houses all of them on plots of between 800-1000sq mtrs.

As you say there isn´t a question of the house being demolished, but whether a retrospective permission can be granted is unclear .

Regards Willem

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