[Anonymous]

Is it difficult to register part of a property? I am trying to buy an apartment where the roof terrace has never been registered in the twenty years since the property was built. The agent is now saying that as there in no documentation, to register the terrace now would be very difficult if not impossible. Our problem is that the bank, unsurprisingly, will not give us the mortgage we require if we can not prove that the terrace is legally included.

Can anyone advise me what to do? I feel helpless (and hopeless!) as I have no knowledge of Spanish property law.

Thanks in advance…
Van

[mariadecastro]

You need to go through a Property Registry procedure ( not judicial) called Declaración de Obra Nueva to include the terrace as part of the house. Also, It it has been built there for more than 4 years, the Town Hall cannot demolish it and will have to legalize it. So.. I don´t see any problem but hiring a lawyer… if that is not a problem!!! 🙂

Best weekend,

María

[Anonymous]

Hi Maria

Thanks for your reply – very useful – I now feel a little more confident that the purchase process may eventually move forward.

Rather cheekily, as I see you’re a lawyer, I was wondering if you could answer a couple of questions:

1. How much will it cost to hire a lawyer to do this? 500 euro? 1000 euro?
2. Do you think that the vendor should pay? I have no problem (being the purchaser) hiring a lawyer and am happy, within reason to split the cost with the vendor just to move the sale on.
3. How long will the registration process take? Both the vendor and I would like to complete in early 2007 (Jan or Feb) – am I being unrealistic?
4. Finally…can you recommend a lawyer in Ibiza?!

Thanks again for your help – I look forward to your reply!
Regards
Vanessa

[Anonymous]

Hi Vanessa,

Juan Bertomeu covers Ibiza. You can find his details here:

http://www.spanishpropertyinsight.com/spanish_property_solutions_legal.htm

I don’t know what it will cost, but his charges are very reasonable. Anyway, you really should use a lawyer if you are buying, so if I were you, I would take the full conveyancing service.

Mark

[Anonymous]

Agree with Mark’s comments. We used Juan Bertomeu and would definately recommend him.

Have sent you a pm with details of our charges (we instructed him last year so may have increased a little since then).

[Author]

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