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Old Jan 28th 2014 | 12:33 am
  #16  
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Default Re: Property Ownership

Originally Posted by snikpoh
I believe that they can give power of attorney to someone else. They will all need NIE numbers of course.
I have located a small apartment by the beach in Oliva that would complement our house in the town. Perfect for our needs but it is a converted garage/store on the ground floor of a newish block. Apparently it was converted c.5 years ago and has been let as a holiday flat since.
I know it is not legal as the deeds record it as a garage. I am trying to establish the degree of risk and consequences of any action the Town Hall may take at some time in the future as until I can ascertain the extent of the risk I cannot give serious thought to making an offer and at what level.
There is a point where I will take the risk but not until I can establish the level of that risk.
There are many similar properties around the beach area that, I assume, are also not "legal"
I have spoken to my Spanish lawyer but remain unsure.

My questions are:-

i) Can the other owners in the block (4) denounce it.
ii) As it is recorded as a garage how do I deal with the IBI etc.
iii) What are the potential fines etc.
iv) If I apply for a certificate of habitation what are my chances of getting one and at what cost.

I would appreciate any answers.
Thanks in advance
 
Old Jan 28th 2014 | 2:10 am
  #17  
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Default Re: Property Ownership

Originally Posted by jackytoo
One snag with putting your childrens names on the escritura is if one of them gets divorced. You need a legal document whereby their partners sign away all rights to said property. A trust is much better than a company.
I heard the Spanish tax man doesn't recognise trusts;apart from that aren't they very expensive to set up?
 
Old Jan 28th 2014 | 2:43 am
  #18  
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Default Re: Property Ownership

Originally Posted by johnnyone
Thanks. Do you know if they would they all need to go over to Spain to sign the documents? Bit difficult as one lives in Singapore.
If the documents need to be notarised (ie signed in the presence of a notary) then you may be able to use a public notary in the UK (or Singapore??) if they belong to the brotherhood of notaries. We were able to do this for our Spanish wills as I am unable to travel to Spain at the moment.

Last edited by MikeJ; Jan 28th 2014 at 2:47 am.
 
Old Jan 28th 2014 | 2:53 am
  #19  
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Smile Re: Property Ownership

Originally Posted by MikeJ
If the documents need to be notarised (ie signed in the presence of a notary) then you may be able to use a public notary in the UK (or Singapore??) if they belong to the brotherhood of notaries. We were able to do this for our Spanish wills as I am unable to travel to Spain at the moment.
sorry to hear you are incapacitated at the moment Mike.
 
Old Jan 28th 2014 | 4:29 am
  #20  
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Default Re: Property Ownership

Originally Posted by johnnyone

...

My questions are:-

i) Can the other owners in the block (4) denounce it. Yes. If it's not for habitation then anyone can denounce you because of it.
ii) As it is recorded as a garage how do I deal with the IBI etc.If it has it's own escritura, then IBI will be due anyway - even if it's not a legal living space.
iii) What are the potential fines etc.Don't know
iv) If I apply for a certificate of habitation what are my chances of getting one and at what cost. Almost nil I would suspect. You would have to ask for retrospective building permission first.

I would appreciate any answers.
Thanks in advance

Some specific answers as I see the situation.

Just another thought - I assume it has it's own water and electric. If so, you will not be able to move these into your name without a boletin and without a habitation licence.
 
Old Jan 28th 2014 | 5:46 pm
  #21  
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Default Re: Property Ownership

Originally Posted by snikpoh
Some specific answers as I see the situation.

Just another thought - I assume it has it's own water and electric. If so, you will not be able to move these into your name without a boletin and without a habitation licence.
Thanks for that. I haven't given the boletin a thought. Must make the place almost impossible to sell.
Shame it was ideal for our needs.
 

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