hannaheve-1936

We purchased a house in 2002 and have only just realised that a open terrace is not included on the escitura. We added a pool 4 years later and would now like to make sure that as we are now turned 80 years old that we have fulfilled all the legal requirements. We have employed an architect to draw up new plans of our house and garden and are happy to pay her costs and the notary to make the alteration to the escitura,but we are worried we will not be able to afford the fines from Suma for underdeclared value for the IBI for the last 4 years
We have paid all our IBI bills to date. Does anyone know how these fines work and how much extra we are likely to pay for the pool and terrace.

snikpoh

A friend was in a very similar situation - pool, terrace and gazebo.

When he bought the house he had the outgoing owner leave him an extra 4000 euros to cover any fines etc.

It took ages as the town hall would not accept that it had been there for 7 years until my friend found an old aerial photo taken by the town hall themselves! (on cadastral web site).

In the end I think they ended up paying about 6000 euros plus architect costs. They were told not to do any refurbishment on the property for another 5 years or risk more fines etc.

I suspect it probably is a percentage of the cadastral value plus whatever fines your local town hall deem appropriate.

hannaheve-1936

I cannot believe that it will be that much, if so we have a problem!
We have had the plans done for a total cost of 300euros which included a cerificate of antiquity and an extra 60 euros for a stamp from the College of Architects to certify the plans.
We have to pay the Notario estimated by our architect at 300/400 euros and 1.2% of the value of the additions( approx.25,000 euros) 300 euros?
I cannot believe the cost of registering and IBI fines will amount to a further 5000 euros!!
Our IBI has been for the last 10 years only 85 euros for a 2 bedroom finca on a plot of 1000 metres.

jonboy

All this seems to have evolved from the concern that your water bill was in the previous owner’s name. To get it put into your name would seem to require a lot of trouble, worry and money.
It may be that you can save yourself trouble and money by doing nothing, although I suspect you will still worry. You have managed to live at your place for 10 years without tackling the problem, so maybe just leave it be. I appreciate that you may feel the need to “square everything up” but perhaps life is never going to be so tidy. What I am trying to say, is that it looks like more trouble than it’s worth. Wait until the authorities raise the issue if they ever do. This is just my take on the situation.

Best regards
jonboy

hannaheve-1936

Don't do it!! is not really the help I needed,I am too far down the road for that.We are trying to avoid our family having problems when they try to sell.without the additional worry of no Certificate of Habitation,wrong name on water bill, escitura incorrect and IBI bill undervalued and the possible fine.
Most of this we have completed but with a limited budget the final stage of registering the new escitura and tackling Suma is looming and we had hoped that someone might be able to tell us how much to expect to be fined for the last 4 years of underpayment. We assumed it would be a percentage of the previous bills? Can anyone tell us of their experiences in this

snikpoh

I just have but you didn't like (or want to accept) a real-life situation/fact!

EsuriJohn

We are just starting to pay 3 back years of increased catastral value for when the Ayuntamiento got round to allowing for our new build villa on the plot.

The change in value was huge €300-€1400 so with Basua suddenly making an appearance at €150 pa and a one off special tax €300 and 3 years fines we were looking at the thick end of €6000 euros.

The fines are a % I think about 10% and they are worked out on a daily basis. The special tax which had been outstanding longest (unknown to us) was €30 fine and the other bits varied between about €10 and €3. So we negotiated and they agreed that since we were pensioners we could pay over 6 months again with interest added. They offered 4 months at first.

The Agencia Tributaria in Huelva kept immaculate records and reissued cost on a fresh printout each time another cost arose and the final printout is difficult to understand but not impossible and when worked through is spot on to the cent.

hannaheve-1936

I assume these costs were for a new build. We have been paying IBI on our property for the last 10 years and will only be adding a pool and porch to the escitura. We expect to be fined and have to pay the last 4 years for the additional value on the catastral

EsuriJohn

Sorry we seem to be on different wavelengths. You asked if you had to pay it all at once I think I have demonstrated that at least in Huelva they will accept monthly payments for a short period. and they have a way of getting to exactly what you owe including increases and fines.

hannaheve-1936

I am sorry if I have confused you. My question was approximately how much will we be fined for not declaring our pool and porch which were added 14 years ago The house is 40 years old and fully legal
This would obviously increase our cadestral value as the value of the property has increased. We are now registering our amended escitura with the pool and porch added and when we submit this to Suma we expect an increased bill in future. We have been told that we will have to pay for the last four years as well.

EsuriJohn

The way the Ayuntamiento deal with construction is just as formulaic. If you have Architects plans they are usually accompanied with what might be termed the official estimate of cost certified by the provincial College. The building licence is a % of this official estimate when we built our house the estimate bore no relation to our contract price (much lower). That historic price would be the starting point in your case x 8% around here. They would then add the fine compounded each year say 10%.

So for a major project such as your pool if the estimate complete was €10,000 then then the licence should have cost €800 and to that would be added 10% compound for however long you have not paid it. That would come to about €2200.

To the above you would have to add the back under paid IBI costs so four years back but it took them three years for the new value to be worked out.