SUPERPOT

we bought our villa a year ago and as per estate agents photos\decription etc and all seemed above board per escritura but we had a letter from our local council who, in order to issue a certificate of 2nd occupancy need to do an inspection of the property. This they did and a few days later we had a letter saying various parts of the house were undeclared i.e. not legal in so far as they had no license to make them legal.Examples are a 2nd kitchen, a barbecue area, an additional bedroom , utility room and gas bottle casita.
All these things were in the sale particulars in photographs and also most of them on the plan we obtained from the builder.
Property is now some 12 years old and on paying the builder a visit he says he only keeps records on papaer for a 10 year period.
The architect at the council does not seem in the slight bit interested in my points only that he has no license\application\notificacion for the "additional" works which were done some 12 years ago at the time of the build.
I feel sh*t on and wonder if anyone can help us out in the eyes of the law here in Spain.
Our area is Benitachell, Alicante.
The architect at the council also tells me that the council DO NOT visit a new peorty for stage inspections or issue a COMPLETION certificate ort certificate of occupancy which I find very hard to accept?
Any help \ advice much appreciated

Superpot

missile

I would suggest these items were not original build, more likely a later addition? You will most likely have to pay tax on the value of those additions. It is quite common for ex pats to ignore planning / building regulations and carry out illegal modifications.

It is quite easy to check what has been approved and I would suggest your solicitor ought to have done this when you purchased the property. Hopefully one of your neighbours will be able to recommend a good solicitor who will be able to advise you properly.

jdr

The cheapest way out is to ask the council if you can apply for the licences now and pay the dues and fines on them, reminding them that you have only just bought it and never knew the extensions were illegal.

snikpoh

I agree with JDR, this would be the best solution if the council agrees.

Do you have a habitation licence now? If not, the council may not issue one unless the other buildings are made legal (ideally) or knocked down.


A friend of mine bought a house which had been reformed by the estate agent who was also the builder (oops!!!). Anyway, she had a pool house, outside kitchen, pool all built as extras - the builder assured her that he was doing all this legally. Anyway, to cut a long story short, the council will not grant a cedula until these 'buildings' are knocked down. This also means that she can't get an electricity meter so shares her neighbours supply!

Understandably, having paid for the extras, she's loathe to knock them down.

In the mean time, you've guessed it, the builder/agent has done a runner and is reportedly now in China.

HBG

It’s a minefield, and I’ve had the same problem, and got so angry that I ignored the council letter, and the ones that followed. They stopped writing about eight years ago now and I’ve stopped worrying, almost.

It’s only when a bulldozer rumbles down the street that I start to worry again. They wouldn’t, surely?

SueG

If you fancy a trip down to Alfaz del Pi where I work and bring your paperwork - first interview free we can probably help you out with an architect etc etc. and deal with local Council. PM me if you want a telephone number

HBG

Didn’t I read a few months ago that the Mayor of Benitachell was arrested on a corruption change along with his deputy? And wasn’t that because they tried to get a backhander from someone asking for retrospective planning permission?

I think it was in the Costa Blanca News, so it must be true.