Underbuild - Page 2

Hi Ray

This if from one of the best Architects in Rojales that is why I said it! 2.2 minimum for habitable space otherwise it has to be classed as a store room.  I was advised  by a registered (in Spain) Architect! thank you. this was abut 3 weeks ago so I guess this is current legislation.

Please get a good solicitor not attached to estate agent either, we were told we could convert an underbuild to make habitable space but its illegal,same with patios glazed in we were told.

Are you actually saying you believe under builds and glazed in patios are illegal if someone told you this they are talking utter bull!  It is only illegal if you don't or can't get planning permission which in many cases you can, but only the town hall or an architect will be able to tell you.

It's Spain enjoy that's all people tell me when I am ruining around pulling my hair out.

We are selling our villa in San fulgencio/urb la marina, and have just been told that the underbuild cannot be used as habital and the kitchen has to be dismantled and units placed against a wall to show is it a storage area not a living area. The fully furnished bathroom suite is fine (apparently).

The villa is going through a sale process and we hope this will not stop it. 

Our friends bought in La Marina and were quite taken with the added attraction of the underbuild potential. Not for long!  The rains came and the back garden flooded into the underbuild which was storing a lot of their personal possessions and furniture. All night long, they tried to defy the elements but the elements won hands down. Over the past 5 years, they have managed to create a water diversion and now, most of the time when it rains, they can prevent the place from flooding but it’s not guaranteed  

If there is enough room in the main house to suit your needs then go ahead and buy. You can use the underbuild to store your garden furniture, Christmas decorations, luggage, garden equipment and tools which is wonderful as most Spanish homes have little or no storage.   Do not dream of making a bigger home out of the underbuild.  It may work well or it may not. When it rains I’m Spain or worse still, floods, you’ll know what I mean. Ask yourself why the previous owners haven’t included all this space into the house themselves. Spanish house aren’t build like British houses. They don’t retsina heat and can be freezing cold in the winter. It’s a whole new world. No central heating and bitterly cold once the sun sets. Your aircon will help in a small way but believe me, many, many Spanish properties are very difficult to heat in the winter months. The last thing you’ll be worried about is extending into the underbuild. 
I’m not trying to frighten you. I’m simply telling you to be prepared for living the dream in a cold house in the winter in sunny Spain. 

I have seen some underbuilds turned into beautiful living spaces however, one was a large garage that had a 'sump' under the floor, it was to catch rainwater coming under the door, there a pump with a float switch and worked well.  But damp was a constant issue.  Using a borrowed meter that probed the wall I found one wall was very damp.  The owners dug out the gravel that was between the outer wall and pathway, this was around three feet wide, the plan was to waterproof the outside wall, this was to stop the irrigation watered soil laying against the wall.  Getting down around a meter they found various building rubbish, the usual stuff, bricks, mortar, a couple of Tesco carrier bags (yeh I know), but of more importance multiple huge bags that you see wrapped around stacks of new bricks!  They acted as a water barrier preventing water from draining away, they dug down to the footings and drowned the exposed walls with a water deposit paint.  Leaving the garage door open at every opportunity, the wall dried out and there were no more problems.

Next up was another huge underbuild,  and in fact was a house I was going to purchase, thankfully my wife and I found it would stretch our finances a little too much so we passed it by.  I got to know the people that did purchase it and regularly serviced their car.  They added two bedrooms, bathroom and even a man cave, no expense was spared, they had lived there for around ten years when the first 'Gota Frier' hit them, this overwhelmed the drains at the garage door, and they even had water coming up through the toilet and sink.  Beds and various pieces of furniture were literally floating, insurance did NOT cover them as it is was not considered as a living area!

Think seriously before laying down your hard earned cash.

Regards

Dave 

I would make sure that you pass this information on to your prospective buyer, especially if it's come from an official source such as town hall etc.

There are many houses for sale , I would not by a house with an underbuild, you are asking for trouble, heartache and lots of expense, it will not be insurable and if it flooded and affected other parts of the house, the insurers would not pay for that to be repaired either as it would have caused by an illegal build. Never ever believe an estate agent, remember they are working for the seller not the buyer.  All they want is commission for the sale.

Move on and find something that is totally legal. Also remember when you die your heirs will have to sort out major problems with an illegal underbuild.