SUPERPOT

Can anyone confirm the fact that if an extension or property,example car port has been in place for 10 years or more (here in Spain)with no problem from the council then it is "perfectly" legal and can remain or is it down to the council to act upon it?
I am getting conflicting answers from different people and would like to clear an issue up.

any help from you law knowledgeable members would be very much appreciated.

regards,

Superpot

snikpoh

I've heard 7 and 10 years mentioned. I spoke to a Spanish builder, who's a good friend and has a large well-established company, and he says it's rubbish!

The council will do what the council wants - sorry

Mitzyboy

There was an article (on here I think) about a family that owned a house since the 1900's, and they are now having it demolished as its illegal under the new coastal laws.

So I may be suprised again, but I would say logically if it's illegal its illegal

jackytoo

And some were legal and are now illegal, you never know

Mitzyboy

Yep, the one from the 1900's was legal with all documentation in place. Iirc the Priors house was absolutely legal but that made no difference

pete_l

It seems that there is no general answer - you'd need to get specific advice about your particular case, in that one single area.
When I bought my house on the campo[1] it had a "newish" extension and a garage - both block-built onto an old, traditional house. I queried this with my local spanish solicitor and his response was that they had been there long enough to not need permission. Even though I have this opinion in writing, I am under no illusions that someone, somewhere could change their mind.

[1] although, strangely my single parcela is classified as urbano on the government website, even though all the ones around it are rustico and used for growing olive trees

jdr

You even need a licence to paint your house. ;-))

carter71

I've heard four years, after which you can't be fined. This happened to a friend of mine - the Town Hall couldn't fine her because her extension was more than four years old.

...so they just told her it would be knocked down anyway if she didn't pay a "legalisation" fee.

HBG

I’ve got no idea whether my house is legal or not, and nor does the lawyer I used ten years ago. The original driveway would have gone straight into the swimming pool and I can’t see any mention of the extensions.

I had a quick look at my escritura, that doesn’t appear to be legal either, the cheque I handed over was for double the value shown, and that’s without the contents of the brown envelope which took the seller a long time to count up.

I hate threads like this, they always make me hear the sound of bulldozers, even on a quiet Sunday evening.

Mitzyboy

I really dont know, nowadays
My neighbour just had a licence for a small terrace and car park area, which he is building himself.

It cost him €1000 in architect and town hall fees. He built a BBQ and small terrace for it a few years ago, and the town hall said he wouldnt have needed a licence for it.

Next year a new law comes in stating that you cant do work yourself!!!!! Its supposed to stop black money to builders. So you wont have the excuse "I built it myself" anymore, you have to use a "professional". Crazy!

Hillybilly

Could you post more info or a link to this new law as it's something I've not heard about and affects me greatly! Ta.

Mitzyboy

No I can't I'm afraid. This came to light when my neighbour was speaking to the architect and the town hall, it was them that told him of the new law. I believe it was due to come in during the summer

bigglesworth

Judging from my workmanship that has saved a future innocent buyer a nightmare or two. Lol

Rotor

Here`s another one for the pot ,I`ve heard that if an extension / lean to ,ie porch or car port only has one enclosed wall you dont need permission!!

The only safe way(err well the safest anyway) is to go to your town hall planning office and ask ,keep notes of names and dates/times etc for the future

If you are thinking of buying this property assume it will have to come down on your valuation then you wont be to disapointed if it happens

snikpoh

Sorry Rotor but that's also false according to our town hall.