September 11, 2016 at 10:48 am #192496
Hi, i have negotiated a price on a house in Mallorca, the house has illegal additions of approx 150 meters. It was done over 8 years ago without permission. My lawyer has advised that it should be registered on the deeds (acknowledged) although still not legal.
The agent is trying to make out there is nothing to worry about.
The actual build size exceeds the allowable size for the plot of land.
1.can it still be registered?
2.if the seller doesn’t agree to it and I’ve offered to pay for it , what shall I do?
I don’t want a problem selling it in the future.
any help is appreciated.
September 13, 2016 at 12:08 pm #192547
I have encountered this recently as an agent, and would certainly not advise any of my clients to complete without the whole build being registered at the local town hall. As you are right in saying this could cause a problem when it comes to selling.
The process that we are currently going through to get the added square meters registered is to have an architect perform what is known as a new build and to obtain a first occupancy license, as the property is older than 13 years (when first occupancy licenses were introduced) then we are having to apply for a DAFO (Declaración de Asimilado a Fuera de Ordenación). This along with a non infraction certificate is enough for the lawyers to complete with the full m2 being registered.
This has been quite a lengthy process, but worth it……my client fell in love with the house and has been happy for the process to be performed to make sure the whole house is completely legal.
If you like the house and if your lawyer can conduct enough due diligence to satisfy themselves that the new m2 would be able to be registered then I have known for vendors to reduce the price and for the new owners to register the new m2 themselves.
I hope this helps
September 17, 2016 at 11:03 am #192619
I am neither a lawyer nor a property expert, so all I can offer is a common sense approach.
I had an almost identical problem when I bought my place, 4 years ago.
But first a question. Is the agent acting for you or the seller ? If the agent is acting for the seller, then you know where the agent’s loyalty lies.
If the price you have negotiated corresponds to the market prices for similar “legal” properties, why should you pay the price, as if it was a fully legal property, and then assume any of the risks associated with making it legal ?
Given that you have been told that the the actual build exceeds the allowed build, you can’t be certain that there will be no problems.
Be very wary of anybody who tells you, “That’s how things work in Spain”. This is not a third world country without a modern legal system.
In my case, I simply told the selling agent, “make it legal, or I walk”. I would give exactly the same advice to anyone in a similar situation.
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