POOL CERTIFICATE

Hi Novlette,

It's up to you, but personally, I would say yes, the vendor should ensure that all additions and alterations are licenced and documented at the Land Registry before you exchange contracts, or make it a condition in the sale contract to protect your position.  If the situation isn't corrected, it becomes your problem if/when you want to sell and why should you bear this burden and cost?  When completed, it will almost certainly result in a revaluation of your IBI (Council Tax).

This has happened to us twice.  When we bought our property, a first floor extension did have the required Ayuntamiento (Town Hall) planning permission, but it had never been updated at the Land Registry.  Our abogado (lawyer) insisted that the vendor regularise the situation before exchange of contracts - it cost them about €1,000.

When we sold my in-laws house, they had enclosed an external staircase without permission and it was a mad dash the week before completion to sort it out.

Kind regards  

Kim

Thanks Kim

We will ask that this is corrected before hand.  I really do not want additional stress.

Appreciated

Regards

Novlette

I think you need a different lawyer, please say you're not using one recommended by your estate agent! 

lol no she came recommended, and has been ok so far.  She is still casing the certificate, before we proceed.

Regards

Novlette

Hello

I needed to put my pool and a small car port on my deeds.  It cost 1500 euros for the Notary plus 700 for our architect and took 3 years - yes three years, before we got the revised escritora!!     Beware!

Richard

Hi Richard,

If I remember correctly, you have a country property?  Does it have a Habitacion certificate?  You say you needed an architect, so I assume planning permission wasn't requested for the pool and car port?  

In our case, planning permission had been granted by the Town Hall, but the vendors mistakenly thought this would automatically update the Land Registry records - it didn't.  We insisted that this was done retrospectively before completion and it was achieved in a matter of weeks.

As Novlette's location is showing as Los Altos, I assume it's a legal build with a Habitacion certificate, but there are so many variables in these types of circumstances, hopefully their lawyer (abogado) will ensure everything is regularised before they proceed with the purchase.

Regards, 

Kim