[Anonymous]

Hi all.
New to this forum and I have been a tad worried by the comments about licences and rebuilding.

We are in the process of buying a finca and although the main casa is sound, the rear extensions that house the kitchen, bathroom and utility room is very badly built. The walls are cracking, the floor is sinking and the walls are dripping.

A couple of builders came to give their opinions before we decided to buy and they said the best way was to demolish the extensions and rebuild. They amount to about 40sqm.
Your comments in the other thread about architects and licences worried me.
Is it difficult and expensive to get permission for this and rebuild on the old site?

Many thanks for any input.

Laury

[Anonymous]

The answers depends on many factors.

However, all of the answers to all of your questions can be found at your local council planning department. If things appear less than straightforward, then I suggest you contract an English-speaking architect.

Be aware that there may also be a few legal and planning problems that you are unaware of at the moment.

[Anonymous]

Thanks Rawlins but why would I need an architect to rebuild existing walls that are not even part of the main house? That’s the bit that worried me when I read the other comments.

[Anonymous]

You might not.

It all depends on the land classification, the details of the property registration, and the policy of the local council.

I recommend you begin information gathering at the local council office.

[Anonymous]

The local council may or may not be good for this.. it’s Dolores, next door to Catral. 😆

The property is registered as an habitacion so should be fine as we are not extending the build area.
Isn’t that right? 😕

[Anonymous]

In Spain, it is not usually possible to give exact answers to general property planning questions such as yours.

Why? Because so much depends on fairly autonomous local councils. They may, or may not, be enforcing local regulations. They may also decide to enforce in the future those regulations that they are not currently enforcing.

Local builders and neighbours will probably tell you not to worry and just get on with it. And they maybe right – or not.

It all depends on how much risk you are happy to shoulder. If you want to be as clear as possible about what is allowed then speak to the local council and/or an architect.

However, if you are happy to take a flyer then just go ahead – but don’t complain afterwards if you are fined or find yourself submerged in a bureaucratic jungle.

Personally, as an uninformed foreigner, I would play safe and speak to the right people first.

Good luck. 🙂

[Anonymous]

Thanks Rawlins but you have taken me back to the first point.
Why do I need an architect?
We have a Spanish agent and Spanish builders who basically said that we just apply for a licence at the local ayuntamiento. No problem.
Am I badly advised? 😯

[Anonymous]

If you had the same situation in the UK would you not ask the local council just to be sure? What’s wrong in doing the same in Spain? As earlier people have mentioned it entirely depends on the local planning regulations and these are set by the local council (and subject to ratification by other authorities) not agents and others.

Good luck with the refurbishment anyway.

Terry English

[Anonymous]

Laury – read Rawlins last post again.

Makes no difference that your agent and builders are Spanish. Seems like what you are proposing is high risk.

I agree with Rawlins – take the best advice possible before you “leap in”.

[Anonymous]

Ask yourself – would it be in their interests to simplify matters so they can earn commission and get the building job?

If they are so certain that everything is easily achieved then why not suggest that you impose a large retention on their commission and building work payments – payable when all building licenses are granted.
😉

[Anonymous]

I’m sorry but we seem to be talking at cross purposes.

I know we have to get licences for demolition and rebuilding the extension and stated that we would go to the ayuntamiento for these.

My query was regarding an architect. Why do we need to pay a huge amount of money to one for rebuilding the existing walls? This was the bit that puzzled me before. 🙂

We have quotes in from Spanish and English builders btw.. 😀

[Anonymous]

@Rawlins wrote:

Ask yourself – would it be in their interests to simplify matters so they can earn commission and get the building job?

If they are so certain that everything is easily achieved then why not suggest that you impose a large retention on their commission and building work payments – payable when all building licenses are granted.
😉

We aim to get the relevant licences before they start work. 🙁

[Anonymous]

You need an architect because, technically, the works you are proposing are structural ie taking down and rebuilding, even though the walls will be exactly where they were before, and therefore you require a major works licence. For a major works licence you need an architect.
You may be told by agents, builders, neighbours etc that you can do these works under a minor works licence or whatever other licence exists in your area and you may decide to risk it and you may get away with it. But you may not.
Ask yourself, if you don’t employ an architect, who will be responsible for the design of your extensions? Would you build an extension in the UK without using an architect or similar?

[Anonymous]

Thank you Hillbilly.
I now have an explanation. 😀

So re doing the extension is seen as major building works then?

[Anonymous]

Oh yes…… regarding your last question? The answer is yes. We have done extensions and conservatories ourselves. 😳

[Author]

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