[Anonymous]

Hi there,
My husband and I are looking to buy a property in the Malaga region. We have seen a property part of which (approx 50%) was extended illegaly. The vendors have a certificate from their architect showing that the works were carried out 15 years ago and are currently having the additional illegal part of the property included on the property registration at the land registry. However, I understand that if a building is built without planning and building regs then the property can never be made ‘legal’ . Only that after 4 years the town hall cannot take any action against the illegal part. We also understand that you cannot get a mortgage on any part of a building that is illegal. Although we do not require a mortgage we are concerned about when we come to sell it. Also what effect will the fact that the building was built illegally have on us maintaining the building or making alterations to it. The property is on urban land. Any information would be much appreciated.

[angie]

Beth, there are so many properties for sale legally, why would you want to buy one beset with potential problems? 😯 Is it because it’s very big for the money (with it’s illegal half) and therefore tempting? I’d look at a lot of others first if I was you 🙄

[Anonymous]

Beth, built without planning permission does not necessarily mean the extension can’t be legalised. In fact, it can be so long as it doesn’t contravene planning regulation. You just do a declaration of obra nueva and get it included on the deeds and registered with the property register. Your architect should be able to find out from the town hall if it can be legalised or not. If it can’t be legalised I wouldn’t go near it unless it is lovely and very cheap, and therefore worth the risk. There will be plenty of other legal properties to choose from.

[Anonymous]

Mark, thank you for your reply. Firstly I would make it clear that we are not interested in buying a property that has problems, is illegal etc. This is why we are trying to obtain as much information as possible. The property I referred to is in the process of being ‘legalised’ (addded to the deeds and registered at the land registry) and we would not sign any contract until it had been so. My query is, once a property has been ‘legalised’ does this mean that it will be regarded the same as a legally built property for the purposes of mortgages, repairs, alterations etc. In other words is there any disadvantage in purchasing a property that was originally built without planning permission (now legalised) to purchasing a property that was legal from the day it was built.

[Anonymous]

@angie wrote:

Beth, there are so many properties for sale legally, why would you want to buy one beset with potential problems? 😯 Is it because it’s very big for the money (with it’s illegal half) and therefore tempting? I’d look at a lot of others first if I was you 🙄

Angie, I don’t know which planet you have been living on. Of all the spanish properties that my husband and I have viewed over the past few months, the vast majority have had some sort of illegal build on the property whether it be minor or major. Unfortunately until you have gone to the expense of hiring lawyers and incurring costs it is not always possible to know. And no it was not because the property was ‘very big (with its illegal half) and therefore tempting’. Most people like ourselves just want to buy a holiday home without problems – which is proving very difficult in Spain to do.

[angie]

Planet Sensible Beth 😯 As Mark confirmed more or less what I said ‘there will be plenty of other legal properties to choose from’ what don’t you understand? 🙄 Anyway, you seem happy to view illegals so go ahead

You answered yourself too in your last para above 😕 🙄

[Anonymous]

sounds all ok and normal, just check that the total % build does not exceed the zoning/permission for the plot – Angie goes incandescent if anyone buys a property in Spain 😡 😡 😡 😡 :xshe’s got sour grapes; or is it lemons . Most properties have quirks which is why you need an independent expert and competent lawyer 😀 😀 – Spanish as well, not the Brits masquerading as lawyers ::)))

[angie]

Paul Ubeda nips out again from his hiding place, what don’t you understand funny man, I said there are plenty of legal properties? 😆

[Anonymous]

please get my name right Angie 😡 😡 – after 2,300 negative posts people are still buying in Spain 😉 😉 😉

[angie]

Please get your facts right WUM, nobody has said people aren’t buying, in fact friends of ours are buying a home in Spain on the CDS as well, but one with legal title of which there are plenty 🙄 😆

[katy]

We bought a villa where an extension hadn’t been registered but they had planning permission. We put the onus on the seller to update the escritura at their expense.

I know someone who sold an apartment on the CDS in December. Not exactly selling like hotcakes in La Zagaleta are they…despite claims and relaunches for the new year 😆 😆 😆 😆 Has Taylor Wimpey sold the “last 4” yet!!!

[angie]

The idiot who doesn’t like living amongst Spaniards but works in Spain bigging up TW and Los Arqueros etc, now suggest breaking the law, whatever next Paul Ubeda. BTW Ubeda there are 100’s of resales on Los Arqueros’ own site, and on other sites all competing with the ‘selling like hotcakes’ new TW’s 😆

[Author]

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