Go Back  British Expats > Living & Moving Abroad > Europe > Spain
Reload this Page >

Buying a rural property: when is a house a legal house?

Buying a rural property: when is a house a legal house?

Old Apr 23rd 2018, 12:45 pm
  #1  
Just Joined
Thread Starter
 
Joined: Apr 2018
Posts: 1
Chendy is an unknown quantity at this point
Question Buying a rural property: when is a house a legal house?

Hi all,

Looking into buying a rural property, farmhouse in probably Andalucia. Seems like its a bit of a minefield, which many properties being unofficial, or falling foul of the law one way or another.

I am convinced of benefits of getting independent legal help eventually. But for these early stages, to save on legal fees...

1. what could I ask the estate agents directly? In addition to "is this house a legal house?", is there anything I could ask? perhaps "is this building registered as a habitable structure on the land registry"? whats the correct request including Spanish terminology??

2. Is there anything official I could personally check, perhaps pay to check online? such as the 'nota simple' or something similar??

sure this wont compete with legal advise, but im sure the right questions will quickly reveal a dead end.
Chendy is offline  
Old Apr 23rd 2018, 6:04 pm
  #2  
BE Enthusiast
 
Joined: May 2006
Posts: 373
casa del sol has a reputation beyond reputecasa del sol has a reputation beyond reputecasa del sol has a reputation beyond reputecasa del sol has a reputation beyond reputecasa del sol has a reputation beyond reputecasa del sol has a reputation beyond reputecasa del sol has a reputation beyond reputecasa del sol has a reputation beyond reputecasa del sol has a reputation beyond reputecasa del sol has a reputation beyond reputecasa del sol has a reputation beyond repute
Default Re: Buying a rural property: when is a house a legal house?

Check with town hall, check with junta de Andalusia....double check.
casa del sol is offline  
Old Apr 23rd 2018, 6:43 pm
  #3  
MODERATOR
 
Rosemary's Avatar
 
Joined: Mar 2007
Location: Costa Valencia
Posts: 14,814
Rosemary has a reputation beyond reputeRosemary has a reputation beyond reputeRosemary has a reputation beyond reputeRosemary has a reputation beyond reputeRosemary has a reputation beyond reputeRosemary has a reputation beyond reputeRosemary has a reputation beyond reputeRosemary has a reputation beyond reputeRosemary has a reputation beyond reputeRosemary has a reputation beyond reputeRosemary has a reputation beyond repute
Default Re: Buying a rural property: when is a house a legal house?

Originally Posted by Chendy
Hi all,

Looking into buying a rural property, farmhouse in probably Andalucia. Seems like its a bit of a minefield, which many properties being unofficial, or falling foul of the law one way or another.

I am convinced of benefits of getting independent legal help eventually. But for these early stages, to save on legal fees...

1. what could I ask the estate agents directly? In addition to "is this house a legal house?", is there anything I could ask? perhaps "is this building registered as a habitable structure on the land registry"? whats the correct request including Spanish terminology??

2. Is there anything official I could personally check, perhaps pay to check online? such as the 'nota simple' or something similar??

sure this wont compete with legal advise, but im sure the right questions will quickly reveal a dead end.
Hi and a warm welcome to the Spanish forum on BE. Myself and Fred James are the moderators for the Spanish forums whilst myself and BEVS moderate Europe. Please read the Site Rules Site Rules | British Expatriate Community adhere to them so that the site runs smoothly. Moderators are there to ensure that the rules of BE are maintained. This is so that members gain the information that they are looking for and find their experiences on the forums to be friendly and worthwhile.

Problems and complaints should always be addressed to a moderator who will look into the matter and deal with it efficiently and fairly. Our members who post in the Spain Forums are usually friendly and helpful with a wealth of knowledge about the issues of living in Spain. I hope that you enjoy your time participating in the forums.

Please let me know if you need any further help.

Rosemary
Rosemary is offline  
Old Apr 23rd 2018, 8:12 pm
  #4  
BE Forum Addict
 
Joined: Aug 2009
Location: Costa Blanca
Posts: 3,170
spainrico has a reputation beyond reputespainrico has a reputation beyond reputespainrico has a reputation beyond reputespainrico has a reputation beyond reputespainrico has a reputation beyond reputespainrico has a reputation beyond reputespainrico has a reputation beyond reputespainrico has a reputation beyond reputespainrico has a reputation beyond reputespainrico has a reputation beyond reputespainrico has a reputation beyond repute
Default Re: Buying a rural property: when is a house a legal house?

I doubt asking an estate agent will prove much. Better idea is to obtain the nota from the local land registry which may be separate or be within local town hall.

Documents that need to be presented to the buyer´s lawyer before the sale of the property in question;

Power of attorney in case somebody will represent you.
Private purchase contract with an inventory of items included in the sale price such as furnishings and fixtures.
A copy of the deeds to the property
Land registry search certificate that proves the outstanding charges against the property.
A copy of last water, electricity and gas invoices.
The last property tax invoice (IBI) or even 4 years behind in case the vendor is non-resident.
Non-infraction certificate (Certificado de no infracción) from the local town hall.
A copy of your valid NIE / DNI numbers and Passport.
Certificate of first or second occupation (Certificado de primera o segunda ocupación) from the local town hall.
A copy of the certificate from the community of owners verifying that there are no outstanding debts signed and stamped by the president or the administrator of the community.
Energy certificate of the property.
Tax certificate proving resident or non-resident.
Confirmation of your bank account in case stage payments will be made.

(Some of these may not apply ie Community documents for a private dwelling)

Good luck.
spainrico is offline  
Old Apr 24th 2018, 3:44 am
  #5  
Forum Regular
 
Joined: May 2017
Posts: 256
cermignano is an unknown quantity at this point
Default Re: Buying a rural property: when is a house a legal house?

Do you want a ruin to do up or a renovated property? Some folk have spent years renovating and getting all the right papers. Some of them are beautiful but could be expensive. Then again if they are up and running with good established businesses it could work out better value in the long run.
cermignano is offline  
Old Apr 24th 2018, 9:30 pm
  #6  
BE Forum Addict
 
MikeJ's Avatar
 
Joined: Apr 2007
Posts: 2,675
MikeJ has a reputation beyond reputeMikeJ has a reputation beyond reputeMikeJ has a reputation beyond reputeMikeJ has a reputation beyond reputeMikeJ has a reputation beyond reputeMikeJ has a reputation beyond reputeMikeJ has a reputation beyond reputeMikeJ has a reputation beyond reputeMikeJ has a reputation beyond reputeMikeJ has a reputation beyond reputeMikeJ has a reputation beyond repute
Default Re: Buying a rural property: when is a house a legal house?

The easiest answer is, of course, to buy from someone who has done all the legal work already.
Because of Spanish inheritance laws a property, particularly a rural property, may be 'owned' by a large number of relatives and it is often the very devil of a job to trace them all and get 100% commitment to sell.
MikeJ is offline  
Old Apr 25th 2018, 7:16 am
  #7  
Dxf
BE Forum Addict
 
Joined: Aug 2005
Location: Beckenham, London borough Bromley
Posts: 1,617
Dxf has a reputation beyond reputeDxf has a reputation beyond reputeDxf has a reputation beyond reputeDxf has a reputation beyond reputeDxf has a reputation beyond reputeDxf has a reputation beyond reputeDxf has a reputation beyond reputeDxf has a reputation beyond reputeDxf has a reputation beyond reputeDxf has a reputation beyond reputeDxf has a reputation beyond repute
Default Re: Buying a rural property: when is a house a legal house?

Hola

Unfortunately it is not possible to guarantee any house is totally legal as tomorrow all the various permits to build could be rescinded. There is a new case in the Almanzora Valley where a couple applied for and received planning permission and all subsequent paperwork only to be told they should not have been given planning permission and the building must be pulled down.

This is not the first case in that area of Andalucia, there has been much publicity in the case of Helen & Len Prior - Google it

Davexf
Dxf is offline  
Old Apr 25th 2018, 8:10 am
  #8  
BE Enthusiast
 
Joined: Aug 2007
Location: A Magical City
Posts: 469
TheLostPhotographer has a reputation beyond reputeTheLostPhotographer has a reputation beyond reputeTheLostPhotographer has a reputation beyond reputeTheLostPhotographer has a reputation beyond reputeTheLostPhotographer has a reputation beyond reputeTheLostPhotographer has a reputation beyond reputeTheLostPhotographer has a reputation beyond reputeTheLostPhotographer has a reputation beyond reputeTheLostPhotographer has a reputation beyond reputeTheLostPhotographer has a reputation beyond reputeTheLostPhotographer has a reputation beyond repute
Default Re: Buying a rural property: when is a house a legal house?

As has been said here many times before...

Rent first. The money you spend on renting for a year will be money well spent.

You don't just get to know the local climate, customs, people, costs etc etc etc, you will also get first hand knowledge from people who moved before you.

The pitfalls are plentiful, but they don't need to be. When you have lived in Andalucia for a year, or so and have decided you want to stay, and chosen where you want to stay - employ a solicitor from a different area. A solicitor who is trusted and has no connection with local businesses, construction families, or local councilors.

Take your time. Every €300 you spend on rent will come back to you.
TheLostPhotographer is offline  
Old Apr 25th 2018, 9:11 am
  #9  
 
Fred James's Avatar
 
Joined: Jun 2006
Location: Granada Costa
Posts: 10,931
Fred James has a reputation beyond reputeFred James has a reputation beyond reputeFred James has a reputation beyond reputeFred James has a reputation beyond reputeFred James has a reputation beyond reputeFred James has a reputation beyond reputeFred James has a reputation beyond reputeFred James has a reputation beyond reputeFred James has a reputation beyond reputeFred James has a reputation beyond reputeFred James has a reputation beyond repute
Default Re: Buying a rural property: when is a house a legal house?

A simple solution - never buy a rural property unless you have built it yourself with full planning permission, which in itself is almost impossible now due to restrictions on rural properties in most regions.

If you do find a suitable rural property then the key document you must have is the certificate of first occupation. If that is not available walk away.

Last edited by Fred James; Apr 25th 2018 at 9:13 am.
Fred James is offline  
Old Apr 26th 2018, 10:40 am
  #10  
Forum Regular
 
Joined: Mar 2018
Location: Gandia
Posts: 201
Smithy73 has a reputation beyond reputeSmithy73 has a reputation beyond reputeSmithy73 has a reputation beyond reputeSmithy73 has a reputation beyond reputeSmithy73 has a reputation beyond reputeSmithy73 has a reputation beyond reputeSmithy73 has a reputation beyond reputeSmithy73 has a reputation beyond reputeSmithy73 has a reputation beyond reputeSmithy73 has a reputation beyond reputeSmithy73 has a reputation beyond repute
Default Re: Buying a rural property: when is a house a legal house?

Having seen two villas recently in URBANO areas where part of the villa/house structure was illegal and both houses had demolition orders for the ¨extensions¨, perhaps the question should be, When is a house a legal house? This isn´t an issue with Rustico properties only.... but any houses or Villas.

Now in the above cases, nothing will happen, as seems to be the Spanish way in this area. The demolition orders will time out and no further action will happen... But you can´t make an illegal guest suite by the pool, legal for example. So suddenly these €300K houses are really worth only €200K and the current owners were clueless, mainly because they on purchase had employed poor lawyers (perhaps the agency´s recommended lawyer)

You need an excellent lawyer to go through the documents
Smithy73 is offline  
Old Apr 26th 2018, 6:32 pm
  #11  
BE Forum Addict
 
Joined: Aug 2009
Location: Costa Blanca
Posts: 3,170
spainrico has a reputation beyond reputespainrico has a reputation beyond reputespainrico has a reputation beyond reputespainrico has a reputation beyond reputespainrico has a reputation beyond reputespainrico has a reputation beyond reputespainrico has a reputation beyond reputespainrico has a reputation beyond reputespainrico has a reputation beyond reputespainrico has a reputation beyond reputespainrico has a reputation beyond repute
Default Re: Buying a rural property: when is a house a legal house?

I agree with Smithy73 always use a professional, qualified, independent lawyer.
spainrico is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Manage Preferences - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.