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Property buying in Catral

Posted: Fri Aug 25, 2023 9:31am
9 replies7 members subscribed
ronjajob

Posts: 2

Location: Catral

Joined: 25 Aug 2023

Hello dear friends, I guess there are a lot of similar topics, I already read some, but I didnt get a clue. Im sorry I am not an native englisch speaker, I did my best to describe what I want.  I came from germany, and this is my question:

My boyfriend and I are planning to buy a house. We've been looking for houses since 2 years. My parents live in Torrevieja so we want to stay close by. The budget is limited because we both don't work but live on passive income and just want to have a nice life in Spain. After about 40 house visits and 2 canceled purchases, we are now ready to have a notary appointment on 09/08/23 to buy a house in Catral. Catral because we want to send our daughter to the La Monsina school. We also want a detached house with a large lot and the house is right on the outskirts of town so we have a walking distance to the town. And it's of very good build quality, with a base to keep the water and damp away. The best house we have been seen in 2 years.

We have the nota simple, the house is in. The pool is missing but the owners told us they will register the pool and pay for it on the appoinment with the notary. The House is from 2002 and was registered in 2009 in the Nota Simple. Yesterday we got the document from the architect, it says there is a demolition order, which is suspended until the city's new development plan is available.

And that is exactly our problem. The house was built illegally, that's clear, but it's registered in the land register, and the owners also pay property tax. The house was finished before 2014 because it was built in 2002 on the satellite pictures.My friend is totally freaking out at the moment because our Gestoria says the house is protected, but the demolition order remains in place, 99 percent of the time nothing happens but noone can be sure in the future. 

A lawyer from the real estate agent says there are no problems in the future, otherwise the other 1000 houses would also have to be demolished. And the house is protected because of the law. It was build before 2014 and already more than 8 years old. 

There is no Habitation Certification because no EU Standard Septic Tank. And even if we install one, we wont get a HC  because Catral cant give anyone any documents because of the amnestry from Valencia... I know a HC says not the house is legal or illegal.

We're going to a third lawyer today or Monday and trying to get answers. But it seems, everyone has a different opinion on this house and the fact that it is protectet by age or not, and if you dont speak spanish it feel like they all hiding the true from us..

My friend wants to be sure that no one will take his house away from him, we are already investing a large amount of money because the price is 256.00 Euro for a house with 180 qm2 of living and 2400 qm2 plot size. The price on the internet is 290.000 Euro but we negotiate the price down already because we dont need a loan from the bank and got the money in cash on our bank account.

Just imagine, in 3 years the city will come and say we've finished the planning and your house has to be demolished. Who has to pay for this? The agent told us everything is fine and there will be no problems. Do you get compensation if the house has to be demolished?

Thank you for your time and maybe someone can give us a clear answer.  Can we buy this house without any risks?


Sligogent

Posted: Fri Aug 25, 2023 9:55am

Sligogent

Very helpful member

Posts: 1046

571 helpful points

Location: Torrevieja

Joined: 31 Jan 2021

Posted: Fri Aug 25, 2023 9:55am

The  Estate agents  lawyers  well  keep away   from him. I  would not trust a Lawyer  who Estate agents  recommend.  Many posts online  here about that topic

You  should  buy a property  with your Head not your Heart

For  me it sounds  like I  would  never sleep easily  at night knowing  that a Demolition  order  is always around. 

You are investing  a  lot  of Money and already  The Pool is illegal.  I  maybe  the first to reply  to you but I  think  many  others will also  tell  you to  Walk   away from  this Purchase  of  property.  Will you have Money  in say 5  years  time  if  Council  come to you and say we will Demolition  your  property.  

You  cannot  get  the same reply  from 2 Solicitors  you have  visited.  If Solicitors  cannot  give you a straight  answer  walk away. 

Do  not listen to Sellers  they will put Swimming  on House title  at completion  of Sale. Can they not do it before Sale is Completed. 

It  sounds  all  to  complicated  and sounds like  a minefield  that will take Thousand  of Euros  in Solicitors  fees and at the end of it House  could be Demolition. 

You  say you want a good life in Spain 🇪🇸.  This house Purchase  to me sounds like a big Nightmare waiting  to  happen 

Best of luck 👍 

PDandKD

Posted: Fri Aug 25, 2023 10:43am

Posts: 22

13 helpful points

Location: Orihuela

Joined: 11 Aug 2021

Posted: Fri Aug 25, 2023 10:43am

Hi

Search for user JMKCOM on this site, there was a useful discussion in March/April about this type of situation.

I would seriously advise speaking or messaging JMKCOM, an extremely experienced architect - also he is the Valencia Commissioner for Expatriates.

👍

killjoy

Posted: Fri Aug 25, 2023 11:16am

killjoy

Super helpful member

Posts: 3230

1852 helpful points

Location: Orihuela Costa

Joined: 4 Nov 2017

Posted: Fri Aug 25, 2023 11:16am

Finger weg, alles gezahlte Geld ist für immer weg.

Denver

Posted: Fri Aug 25, 2023 11:50am

Denver

Helpful member

Posts: 395

246 helpful points

Location: Catral

Joined: 21 Nov 2017

Posted: Fri Aug 25, 2023 11:50am

killjoy wrote on Fri Aug 25, 2023 11:16am:

Finger weg, alles gezahlte Geld ist für immer weg.

Their is no problem with the propertied in Catral although illegal.

We have septic tank etc. and have been informed by Valencia that the properties will not be demolished, our solicitor also has the information and his main office is based in Valencia.  He has stated that we will get the said certificate but the paperwork in each town will take time, depends on how quickly the Catral Town Hall decides to work.  We have lived here since 2010 and feel very confident as others do.

Its best to ask all your neighbours and others in the Catral area.

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ronjajob

Posted: Fri Aug 25, 2023 12:11pm

ronjajob

Original Poster

Posts: 2

Location: Catral

Joined: 25 Aug 2023

Posted: Fri Aug 25, 2023 12:11pm

Denver wrote on Fri Aug 25, 2023 11:50am:

Their is no problem with the propertied in Catral although illegal.

We have septic tank etc. and have been informed by Valencia that the properties will not be demolished, our solicitor also has the information and his main office is based in Valencia.  He has stated that we will get the said certificate but the paperwork in each town will take time, depends...

... on how quickly the Catral Town Hall decides to work.  We have lived here since 2010 and feel very confident as others do.

Its best to ask all your neighbours and others in the Catral area.

Would it be possible for us to talk to this solicitor?

Denver

Posted: Fri Aug 25, 2023 12:51pm

Denver

Helpful member

Posts: 395

246 helpful points

Location: Catral

Joined: 21 Nov 2017

Posted: Fri Aug 25, 2023 12:51pm

ronjajob wrote on Fri Aug 25, 2023 12:11pm:

Would it be possible for us to talk to this solicitor?

I’ll send you a PM. 

Stephanie86

Posted: Fri Aug 25, 2023 1:51pm

Stephanie86

Legendary helpful member

Posts: 2789

2105 helpful points

Location: Lliber

Joined: 4 May 2017

Posted: Fri Aug 25, 2023 1:51pm

From where we stand I would advise you to be very careful, and preferably not touch with a barge pole, there are any other properties.

Our own property was illegally built some twenty years ago, but was eventually, after many years of argument etc,  given a Habitation Certificate, albeit it is classed as Fuera de Ordenación. It has now been stated that the HC cannot be renewed next year, as it was issued illegally in the first instance. We are now trying to follow the new amnesty procedure instigated by Valencia, although our properties are fully compliant with all building codes, septic tanks etc, this is not proving to be a box ticking exercise. We did know the position when we bought this, but as it had an HC, we were fairly sanguine at the time.

janiceroquero

Posted: Sat Aug 26, 2023 11:46am

janiceroquero

Very helpful member

Posts: 783

519 helpful points

Location: Santa Pola

Joined: 21 Aug 2020

Posted: Sat Aug 26, 2023 11:46am

Personally, I would walk away from this, NOW.

Do not waste any more money regarding this property, there are lots of properties available without illegalities and problems.

Good luck, J

Kimmy11

Posted: Sun Aug 27, 2023 8:40pm

Kimmy11

Legendary helpful member

Posts: 6870

12564 helpful points

Joined: 8 Aug 2017

Posted: Sun Aug 27, 2023 8:40pm

Hi Ronjajob,

There are many illegal properties in Catral (and Dolores), which are regularly bought and sold, but you need to be aware of the limitations.  For example, when we bought in 2016, we looked at many properties in Catral - some had structures that were not listed on the land registry and couldn't be added because the entire builds were illegal.  However, of greater concern to us was that we could not make any further additions, such as a pool house, outside kitchen, garage, etc., so we would have had all that land, but limited to what we could do with it.

As for the Demolition Order, it really depends on your attitude to risk.  Of course the estate agent will tell you that it's not a problem and it probably won't be - until it is, and the problem in the meantime is that you won't know whether/if it will be.  If you want to buy a property in that area, look for plot sizes of at least 10,000 sq m, as they are likely to be legal, or can be legalised more easily.

You may also find the following thread from earlier this year helpful:

Legalising illegal rural properties through an MIT licenses

Kind regards,

Kim

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