[Anonymous]

I am buying a property in Mallorca with a registered area of 90 sq.metres but an actual area of 130 sq. metres. This is an old property and I wondered if the discrepancy was usual or a problem.

[Anonymous]

@paulsnap wrote:

I wondered if the discrepancy was usual or a problem.

Both! (Possibly.). It’s most likely that the vendors or some other previous owner(s) have carried out works (extensions, extra floor, roof terrace etc) “illegally” and so the additional sq m has never been recorded or registered.
This topic has been covered a few times before if you carry out a “search”.
You should ensure that the vendors rectify the situation before you commit to buy and that they pay any outstanding fines, back taxes etc otherwise they come with the house.

[mariadecastro]

Or een being legal they have not granted the proper New Work Declaration deed and have not registered that in the Land Registry.

M

[Anonymous]

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.

[Author]

Posts