Legalisation of illegally constructed properties in Spain: Can my property be legalised?

Legalisation of illegally constructed properties in Spain: Can my property be legalised?

door | jan 4, 2017 | Property

As every foreigner living in Spain is more than aware, Spain has been receiving a lot of media attention for its large amount of illegally constructed properties extended all over the country, and the attempts being made by local and regional governments to facilitate the legalisation of said constructions.

This post applies to properties built on both urban and rustic land in the region of Andalucía, as the details can vary from one autonomous region to another.

Background

Historically building regulations in Spain have been largely ignored, especially in the countryside. As a result Spain has been left littered with all manner of illegal buildings, such as:

  • Properties constructed without any building permission being obtained at all.
  • Properties constructed with little regard to the plans submitted and the building permit issued (i.e. construction in excess of the square metres permitted by the permit).
  • Older properties extended during renovations without obtaining building permission, or registering or declaring any extensions built.


Rustic Land and Protected Rustic Land

Land classification is extremely important in determining if there is a solution. Generally it is possible to legalise buildings on rustic land, but to legalise buildings on protected rustic land is almost unfeasible.

General conditions for legalisation

The regional government of Andalucia (Junta de Andalucía) has attempted to clarify the legal status of such illegal buildings and provide a mechanism to legalise or regularise where possible, as long as certain requirements are met:

  • That more than 6 years have passed since the completion of the construction (previously 4 years under old legislation).
  • The property is not part of an urban planning disciplinary procedure or a judicial process.
  • The construction does not occupy land under special protection or cattle trails.


AFO Certificate (Cerificado de asimilado a fuera de ordenación)

An illegally constructed property, which is able to be legalised, may be legalised by applying for a Certificado de fuero de ordenación or Certificado de asimilado a fuera de ordenación. The process involves synchronising and presenting a series of documentation to the planning department of the local Town Hall.

Each Town Hall charges a local tax in relation to the value of the square meters being legalised. The rate of tax varies from one local government to another and will depend, therefore, on the municipal area the construction is located in.

In addition to this, the property’s Land Registry records will have to be rectified to avoid any future difficulties.

 

Conclusion

This is an incredibly complex process and no two properties are the same. The mere fact that a property pays rates (IBI) and is connected to utilities (i.e. electricity, water, etc.) does not mean that the property is legally sound. It is because of the complexity of this process that we recommend seeking legal advice from professionals familiar with these procedures, so as to avoid unnecessary expense and complications.

Gabriella Mary Trussler Rowland
Lawyer
4408 Ilustre Colegio de Abogados de Almería

Conveyancing in Spain: If you a buyer or a seller be

Conveyancing in Spain: If you a buyer or a seller be

door | nov 5, 2016 | Property

Whether you are selling or buying property in Spain certain requirements must be met and procedures followed to ensure the purchase complies with Spanish Law and regulations.

Legal representation and assistance is particularly necessary in Spain when purchasing or selling property. The Conveyancing process in Spain involves different degrees of participation by various parties: the seller, their legal representative, the real estate agent, the accountant, a notary public, the registrar, utilities companies, the town hall, banks, and in some cases the local courts, regional authorities, etc.

The lawyer will ensure that all parties are appropriately co-ordinated and followed-up with and will perform an investigation to ensure that the property is purchased without any previous charge or liability that could incur additional costs or reduce the property’s value.

To make sure that both parties are completely aware of the conditions of the property and the sale to allow for a “safe sale”, certain information has to be gathered by buyer and seller, such as:

  • Searches on the legal status of the property and the developer/seller, so as to discover any issues that may influence the buyer’s decision or conditions of the purchase.
  • Acquire an Energy Performance certificate for constructions, mandatory before even advertising the sale of the property and the seller’s responsibility.
  • Liaise and agree with the seller and/or lawyers in respect of terms and conditions of the purchase, ensuring compliance with Spanish Law.
  • Make preparations at the Notary Public for completion of the purchase or any further preparations required relating to the purchase (power of attorney, division or grouping of property, etc.).
  • Ensure title deeds are properly registered in the appropriate local Land Registry.
  • Make sure the property is free from all charges and encumbrances, as well as free from occupants and tenants.
  • Payment of the relevant taxes associated with the purchase.
  • Locate, negotiate and obtain a mortgage loan to finance the purchase of the property.
  • Obtain a NIE (Número de Identificación de Extranjeros), necessary for all foreigners buying or selling in Spain.conveyancing2

The steps involved in conveyancing can be confusing when you are selling property in another country. With our
knowledge of property selling practices both in Spain and in your home country, we can ensure that you understand the process.

If the proper investigations are not made and the proper process is not followed, it could result in high extra costs, future legal proceedings, steep tax fines, etc. It is always preferable to be properly advised.

 

Gabriella Mary Trussler Rowland
Lawyer
4408 Ilustre Colegio de Abogados de Almería