goodbyebritain

I am planning on moving to Spain sometime over the next year or two via a Golden Visa application. In my original plan I wanted to buy a cheap run down house that was listed for around 220,000 euros and then spend another several hundred thousand euros plus doing it up, but because of the way Spanish Golden Visa works that's a non starter as I need to spend min 500,000 euros on the property itself as Spain does not recognize the additional value of the building works.

So, long story short,

Found an off plan house (I've never bought off plan before) I really really like just down the coast from Marbella and its over magic 500,000 euros required for the golden visa. I am interested in this property based on the design put forward and the plot location but I would like the builders to make some changes and add an extra room and an underground garage, The plot has all the permissions to build the house to the original 4 bedroom design but the builder has told me he can do the additional works I want without requiring any additional permissions from the planing department in Spain which strikes me as not likely to be true! Can anyone confirm if this is actually true or not?

Also, can anyone tell me what the expected down payment should be?

Also anything else I should look out for or be aware off?

Thanks in advance Steve

Fred James

He is almost certainly lying. The development would have very detailed permission for what they can build and to change/add to that would mean revising the building licence which could be very difficult. That is why he says you do not need to. He will happily build what you want but you will be the one who gets the demolition order in due course.

You would probably get away with it for a time unless a check is made by the local authorities but when you try and sell it you could have big problems.

One rule on Spain, do not trust anything said by builders, estate agents and, sadly, sometimes lawyers.

Moses2013

That sounds a bit dodgy and the builder can of course do the work for you, but it's you who needs the permission. What's on the plans is set and even small changes would need permission. We built from scratch and even small modifications have to be documented. To get the final permission the council will view the finalised project to see if it meets all requirements.

spainrico

I would say this is totally wrong and illegal. The approved project is what has to be built to be legal and gain all the necessary paperwork upon completion.

Or he might be thinking (from the old days) build what you like pay a small fine and voila but I would most strongly advise against going down this route.

I too (20 years) bought off-plan and I had loads of problems and frankly with your budget why not avoid the agro and find a ready built legal house and avoid all the stress and risk.

Notdunroamin

You only need to ask yourself 'would you get away with that in UK'.

Of course not is the answer so why would you imagine you would in Spain where if anything the rules are even stricter and the potential consequences of flouting them more swift and severe?

Leper

Even if I'd won the Lottery, I wouldn't buy off plan.

Main Reason:- The finished product is hardly ever the same for which initial planning permission was given.

goodbyebritain

Cheers for all the advice so far.

As I said, the property does already have everything in place to build the house to the design that was put forward.

So here is my next question.

Could I resubmit new plans for a new house design on the same plot. House design would be quite similar to original drawings as I really like the design itself, just with an extra room on the side for an office with the basement garage and gym added, also now thinking additional floor added for a master bedroom with a bloody great big terrace, and since I would be there (hopefully) until the day I croak, possibly make the pool a bit bigger. The plot is just over 2,100 sq mt - as would also be buying the plot next door to have no direct neighbors. The existing house already approved design is for a house of 220 sq mt.

Cheers

Moses2013

Have you checked this all with a lawyer to see if the land is actually yours when the house is built? As always everything in Spain requires a licence, so your architect will have to submit the plans to the council. With that sort of money, why buy off plan? Design is one thing, but why limit yourself to one builder. If you first buy the land, you can then choose the construction company with your architect and actually have more security.

goodbyebritain

Right now the land belongs to the builder, and he wont sell the land without the house build! Its all a right pain in the ass but I really like the location as it is just 60ft away from the sea and not in a built up area. On a scale of 100 for me it scores around 98

Moses2013

That the builder is the owner is another worry. Of course it might score high for you now but with mainland Spain having nearly 4000 km of coastline, it's not as if there is no choice within your budget.

jonboy

So many variables and potential bits to tie up so that it doesn't turn in to some form of nightmare. Then again that might be its attraction for you, the challenge of it all?

goodbyebritain

Trust me its not!

I have more than enough of a challenge running several companies in the UK - even more so after this crappy useless Brexit deal we have!

Moses2013. I would own the land and the house once house was built. A bit of research on the builder had told me he has done this a number of times, he buys the plot, builds the house and then sells the house with the land - seems to have worked without problem so far, even managed to find and speak to a previous customer. The builder is a Spanish farther and son outfit that employees a few other Spanish workers, they tend to buy a couple of plots at a time and build and sell!

I know Spain has a massive coastline, but I am also planning on setting up a new business that requires an industrial unit of specific size and that also has a substantial sized yard with it, this has proven to be quite hard to find in Spain but I have found the perfect size unit and yard for sale close by. Also I have a number of mates who live down that part of the World so its around the area of where I want to be.

Moses2013

Well it's just advice and there have been enough people who have been fooled. The previous customer could also be family/friend, so as always be cautious and use an independent lawyer & architect before signing anything. It's easy to get carried away right now and anything they can build, you can also build. I would also ask them for the official geotechnical study and what guarantee do you have from the builder when it comes to warranty? Good advice from an article here: The builder (normally ‘Promotor’ but see below!) must take out seguro decenal insurance. This is the ten year policy covering the costs of repair in the event of a structural failure in the building. Remember it may well not cover other defects, so if you can’t find the builder or they simply won’t repair, the 10 year policy may not be of any help, other than for cases of structural failure.

What if there is no policy?

I have seen an increasing number of cases where no policy is in place. This occurs through a ‘loophole’ whereby an ‘auto promotor’ (owner/developer) has built the house for their own occupancy with the intention of living in it for the duration of the first 10 years.

Through a lack of understanding at the time of purchase, the builder may submit all paperwork showing the buyer as ‘Promotor’, therefore the obligation to take out the insurance (if they intend to sell on within 10 years) rests on their innocent shoulders. It is only later when they encounter defects, try to register / mortgage or sell the property that the non-existence of a policy may come to light.

Furthermore, as the insurers like to specify a level of control during the construction period, it very difficult or even impossible to get Decenal insurance post completion.

Fred James

I you build a house as the promoter and opt not to take out the insurance you will not be allowed to sell it for 10 years unless the buyer accepts the risk.

That will be written into the escritura

goodbyebritain

The builder doesn't know I contacted one of his previous house buyers, the buyers were British, but its all a mute point now as the developer wont sell the plot on its own Now looking for another property, have found one of the same design and style but its on a golf course development and several hundred thousand more expensive! I hate golf!