My 28 yr old apartment is listed at land registry as Obra nueva en construcción

[Sabre]

I am, or was, in the middle of the sale of my 28 year old apartment, when the estate agents aquired a nota simple of the Registry information which indicates that it is still under construction.  It has changed hands quite a few times since it was built, and when I purchased it 10 years ago I wasn’t made aware of this problem with the deeds.  My legal advisor has recommended we apply for a Final de Obra with the use of a qualified architect, then take it to the Land Registry and Notary.  However – the purchasers lawyer says it’s not possible to do this as the apartment is part of a horizontal division, and it would be a waste of money.

I hope someone can offer suggestions, as my legal advisor and the purchasers lawyers can’t seem to agree on the way forward, and now the purchaser’s lawyer has advised that they pull out of the sale.  Desperate to sort this out, but receiving conflicting advice, and don’t know which way to turn!

[Mark Stücklin]

What a mess. Whoever advised you 10 years ago when you purchased failed to notice a very basic problem that should have been crystal clear from the nota simple.

Is it the case that all the flats in the building are in the same situation? In which case you might need to organise it through the community of owners. Have you talked to the president or administrator of the community?

[Barbara Ingenbleek, Euro Economics]

Dear Mark, Pls be informed that directors of Land Registries are now adding info to Nota Simples like ‘en construción’. It is very anoying, but it is happening. What Sabre experienced is today common practice. I agree to you to contact the President of the Community of Owners.

[Sabre]

Unfortunately it has got worse!  There is a bathroom and storeroom not recorded on the deeds either, even though it is the same size as some other apartments with these rooms included.  Both my legal advisor and I have tried to get a response from the community administrators, but they don’t seem to want to reply. My legal advisor is arranging for an architect to visit to make plans and take measurements, to see if there are any anomalies, but we don’t have original plans, and it seems the developers are no longer in business.

The buyers lawyers are saying I can’t change the deeds as it is subject to the horizontal law, however I can’t accept that I am stuck with a property which I can never sell.  It just doesn’t make sense.  There must be a solution.  I am spending most of my time now researching Spanish property law, and have downloaded a copy of the Horizontal Property Law – determined to find a way out of this mess.

Thank you Barbara and Mark for your comments x

[Author]

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