Making your property legal

Posted: Sun Jan 31, 2021 1:17pm

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Lilyjames13

Posts: 13

1 helpful points

Location: Hondón de las Nieves

Joined: 9 May 2017

Thinking of buying a property but found out its not legal,How do you register the property to make it legal.

Many thanks

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Posted: Sun Jan 31, 2021 7:42pm

Kimmy11

Legendary helpful member

Posts: 6871

12565 helpful points

Location: Formentera Del Segura

Joined: 8 Aug 2017

Posted: Sun Jan 31, 2021 7:42pm

Hi Lily,

It really depends on why the property is deemed illegal - do you know the reason? It's a common issue when property is built on rustic land of a plot size less than 10,000 m2. There are actually many properties like this in Spain, but it doesn't stop them being bought and sold, so long as they have a Habitation Certificate.

When we were first looking for property, we looked at Catral and Dolores, but everything we looked at was illegal and, in fairness, that was reflected in much more competitive selling prices. What this meant in practice was that we had to ensure that an up to standard eco-septic tank had been installed. Also bear in mind that you're unlikely to be able to develop the property beyond what is already there; ensure that anything designated on the plans as "almacen" should be a storage facility - if it's been converted to living accommodation, you should check that it's been done with planning permission from the Town Hall and updated at the land registry, such that it's accurately described on the Deeds.

Do you know whether the property in which you're interested has a Habitation Certificate? The only people who can tell you whether it's possible to legalise a property is the Town Hall in which it's located, not the vendor or selling agent.

Kind regards,

Kim