Legalising an overbuilt property

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    • #53419

      I originally posted this question under another thread but have had no response – can anyone advise?

      I am looking at a property which was built about 4 years ago on rustic land.

      At that time the minimum sized plot to build a house was 7000m2 and for that you could build at a rate of .15% giving a maximum size of house of about 100m2.

      The house was overbuilt to about 150m2. The escritura shows only the 100m2.

      Everything else is legal – it is registered and has an LFO, power and water etc. It is on the catastral as 100m2 and IBI is paid. I believe that a small mortgage was granted without a problem.

      Should I buy it “as seen” or insist on it being regularised.

      If I want to have it regularised will that be possible as its area exceeds what would have been possible in the first place.

    • #75755

      Hi there, my advice is have it legalised at the seller’s expense, if you are determined to buy this house.
      I was recently in a somewhat similar situation, with about 1/3 of the habitable surface declared in the Cedulla and Land Registry.
      The legalisation procedure was time consuming, needing new architectural plans which had to go to the College of Architects several times, as the architect made mistakes, and then several refusals by the planning department as the house was a few square meters too big for the plot. Eventually it was sorted out, but each time there was something wrong with the paperwork it appeared that we went to the bottom of the pile in the Ayuntamiento, and the meetings were once a month and they only dealt with a certain number of applications at each meeting.
      I would have got out of the purchase if the seller had not been given the deposit and I would have had to sue him to get it back.
      It would have been possible for me to buy my house with the incorrect details, but I want to know that should I wish to sell it is fully legal.
      Good luck, Willem

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