Re: Legality of Property
 

I would not argue it,but legal according to others , this is the BIG problem, there dose not seem to be a standard set of rules hence no one gets anywhere ,be it in business or at home,Spain is a country that would benefit from intervention from Brussels ,they could kick the whole legal system into the 21st century and make it function.:thumbup:

Re: Legality of Property
 

Karma - couldn't agree more.

And to confuse matters even more, they change there own minds on a whim.

I won't go into too many details but I own a block of flats on a corner of two roads. Last year to get a cedula for one, they had me change the address from the one road to the other - this I did. Now I am applying for another cedula for another flat in the same block and they want me to change the address back again. :confused:

I'm sure it's solely to line their coffers.

Re: Legality of Property
 

I have been advised that the statute of limitations is actually 4 1\2 years not 10 as previously thought.
Also would it be true to state that if the escritura shows a property of its existing square metres of living space then its perfectly legal and above board? As it was built 11 years ago which is way beyond any 4 1\2 year statute of limitations.
The way I see it is in the eyes of the law the council have no right to "force" me to apply and pay for licenses for areas which are perfectly legal according to the escritura details at time of purchase.
The actual estate agents descriptions and photographic evidence clearly state what the property was like at point of sale which match up with the escritura.
It is very clearly a case of the local council attempting to pull in some cashflow in the crisis and in my opinion not fair or just or in fact legal?
Your views are very welcome and maybe it wioll help other people in similar circumstances
Superpot

Re: Legality of Property
 

One thing to bear in mind is that, regardless of how many years have passed, if whatever has been built/extended was never going to be legal in the first place it will not be legal now, just because x number of years have gone by e.g. too close to a perimeter/neighbour/road, something that has meant the allowable built % of your plot has been exceeded, building on rustico/protected land etc etc.
If you can prove that your carport or whatever is more than 4 years old, was built within the rules of planning regs etc at the time and that your escritura and the Catastral records show the correct sq m and you've been paying IBI etc based on the actual sq m then you might have a case! They can still pursue you for eg any unpaid back taxes for the last 4 yrs. Good luck!

Re: Legality of Property
 

I’ve always believed that you should try and get at least one friend on the local council, preferably the mayor. A friend in the Guardia Civil would be handy too. Next comes a bank manager and lawyer. With one of those, you could build yourself a small extension, with all four, you could build another house on your little patch of paradise.

If your land is big enough, whether rural or otherwise, and you had a small deposit to spread around your four friends, you could become a property developer.

Re: Legality of Property
 

Not in Andalucia, the law of the junta overules the Mayors and anyway most of the mayors have been charged with corruption:rofl:

Re: Legality of Property
 

I agree that on the CDS you have to raise your game a bit and get a friend on the Junta too. It’s easier in Valencia, our top man is more than approachable, although I think they’ve cottoned on in Madrid and they’re trying to get rid of him.

Jesus, I’ve just remembered Gil down in Marbella. He didn’t hang about did he? He went straight to the Kremlin with his begging bowl. It makes my local man seem like a saint.

Re: Legality of Property
 

I think the Town Hall will do exactly what it wants. You could take them to court, but that will take time.

I was told this week that a friend of mine who paid top dollar in 2007 for a house on urban land has had their house re-classified as rustic. So technically their house is no longer legal because the Town Hall have simply changed the rules.

I think HBG's approach of befriending the mayor is looking more sensible every day :blink:

Re: Legality of Property
 

Can you visit him in prison? :)

Re: Legality of Property
 

Lol....