Illegal properties
 

Hi all
I will soon be moving to Chiclana for a three month rental with a view to buying . I have read a lot about illegal properties . Places i am looking at have mains electric etc but from what i can make out are still illegal . My question is as they all seem to be illegal what makes it ik to purchace some and not others.Hope you can help clarify this and help avoid a nightmare in the future . Thankyou all for you replies in advance x

Re: Illegal properties
 

I can't speak for other regions, but here in the Balearics, if it can be proven that the property were built illegally, more than 10 years prior, and since it was built, has never been fined or in any way sanctioned, it can be legalised rather readily, by simply hiring an architect to draw it up and verify it's fit for purpose, then having it revalued and paying a new ibi rate. Cost is usually about €5k end-end.

Only drawback is that after legalisation, you can never build anything more at all. Nada.

An estate agent recently said to me that virtually all properties older than 10 Years are illegal in one way or another, so if they didn't have this policy, the real estate market would come to an abrupt halt.

Re: Illegal properties
 

Hi, be very careful when purchasing in Chiclana. I would not use a lawyer there as these people acted for the buyers who bought these illegal properties in the first place and kept quiet. I would use Temple Cambria a group of lawyers based in Conil. Be very careful who you trust. I am speaking from experience here in Chiclana.

Re: Illegal properties
 

If you are renting I would be more concerned about how legal the landlord is and if the property is registered for rental and the owners are declaring it(short term rentals they may require a turisitca licence)


If you have an income and registering for tax in Spain then you will be declaring rent you pay and this will be cross referenced with the landlords income




An illegal build is not the responsibility of a tenant but if you intend to buy the property you rent then make sure you have a good solicitor to check all legal issues and land searches for the property

Re: Illegal properties
 

Thanks that group of solicitors have been mentioned before with good reports . The realtors are Cadizcasa also in Conil and also with good reports . I do love the Chiclana area but sometimes think i should look elsewhere

Re: Illegal properties
 

Hola
There is an English speaking Chiclana Foreign Residents Association (ChiFRA) that is mainly concerned with illegality; I suggest you Google "ChiFRA" and then arrange to chat to their friendly president who can answer your worries face to face.

You have picked one of the best Estate Agents & Solicitors; But to answer your Question and the points raised:-
Some illegal properties have proceedings against them whilst others have not. There is normally no problem with an illegal house that has been standing for more than six years that has no outstanding proceedings. As an aside, AUAN are fighting to get the land registry to contain accurate information about the legality and any outstanding procedings.

Next, on the subject of rentals, if you are renting for three months, then the laws covering that rental have been in place for years, unlike the recent "tourist rental laws" which have only just been put in place for Andalucia.

Davexf

Re: Illegal properties
 

Surely, normal wisdom suggests that long-term rentals, and therefore covered by the LAU, are for 6 months or more. Given this is only 3 months, it is more than likely an 'extended' holiday rental and so should be covered by the tourist rental laws.

Re: Illegal properties
 

Hola

I've just checked the details from my solicitor (Temple Cambria as previously mentioned) and the new rental law only applies if the rentals are less then two months.

Davexf

Re: Illegal properties
 

Go through the process carefully with JA at Temple Cambria, understand all the payments and why you make them and you will be fine. There are some very obvious properties you wouldn't go near, and some very nice ones you would consider. The things we looked for were tarmac road and street lighting, decent access and the type of housing in the vicinity. It all has its variables, but if you go for it, and do it properly you won't be disappointed.

Re: Illegal properties
 

Hi and a warm welcome to the Spanish forum on BE. Myself and Fred James are the moderators for the Spanish forums whilst BEVS moderates Europe. Moderators are there to ensure that the site runs smoothly within the rules of BE. 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