documentation guidance

Hopefully the following links will help:

https://www.primeinvest.es/en/our-blog/new-construction-declaration-deed

https://blog.abacoadvisers.com/what-spanish-building-regulations-mean-for-your-property/

https://www.expats-solution.com/building-work/

https://www.dlapiperrealworld.com/law/index.html?t=construction&c=ES&s=implementing-the-contract&q=completion

Hi Steve,

As you already know, your architect will issue the "Certificado to Obra Final" (final works certificate) once the extension works are complete.  You'll need to take that, along with the planning permission, "Licencia de Obra Mayor" (major works licence) and your original Deeds to a Notary who will prepare a new works declaration for you to sign.  It's this final step that updates your Deeds at the Land Registry, ensuring that they match the built property.  Of course, if you're increasing the surface area (rather than simply altering the configuration of the space within the existing property), this will result in an increase of your IBI (Council tax).

When we bought our home, the previous owners had built up, extending it from a bungalow to a house.  Whilst they'd obtained the relevant permissions from the Ayuntamiento and handed those and the architect's project to us, they hadn't updated the Land Registry.  Fortunately, our lawyer picked it up, but it meant the vendors had an 11th hour panic to get it done before completion and, with back taxes and a fine from the Ayuntamiento, it cost them just over €1,000.  Whilst I think it was a genuine oversight on the part of our vendors, I have heard of people who deliberately fail to update the Land Registry in an attempt to avoid increased taxes, but if discovered the Ayuntamiento can apply a number of sanctions, including demolition.  I appreciate that you're asking because you want to make sure you've done everything legally, but just thought I'd include this personal anecdote for any other members who haven't been advised appropriately.

I hope the build goes smoothly for you.

Kind regards,

Kim

thanks for the insight and information Kim. 

Yes we absolutely want to stay the right side of the law. with all the potential sanctions, fines or worse down the road, its just not worth it.

I know there are chancers there as there are here in the UK but the responsibilities  to be legal remains ours. I understand and accept that I wish I could find an English  builder who knows all of the legal processes to follow there in Spain. We are planning to carry out quite a lot of reform and modernising of the property going forward when we move full time after Christmas and although I am a builder/plumber myself, now retired. I want to hook up with somebody who can guide us through the maze of planning, licensing etc. We have had several different trades there in our absence since buying the place 2 years ago as our friend nearby has access. and I have found it necessary in every case to amend or finish off works myself. 

This I find very disappointing.      

Thanks very much again Steve.

I have seen one already but other links very helpful

Thanks Steve.