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Trying to find out if an extention is legal.

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Posted: Fri Jul 5, 2019 7:44pm
47 replies1587 views11 members subscribed
Peter Rossa

Posts: 71

Location: La Marina

7 helpful posts

I am purchasing a property in La Marina, it has had an additional floor built above it, before I buy it, I want to ensure that it was built with planning permission, so I have asked the person doing the conveyancing if she can forward me a copy of whatever document confirms the extension is legal.

Today I received this reply:- "

Hi Peter,

The owners are going to add the extension on the deeds (prior you buying but on the same document) and the Notary wouldn’t sign for it if it was not legal and did not have the right paperwork.

I have done the checkings and the house is free of charges and up-to-date on Suma, water and electricity payments. But the Notary always checks before signing as well.

Unfortunately, I cannot show you any documents into someone else’s name due to the Protection of Data Law.

I wouldn’t be asking to set a date without confirming that all documents are in place.

If that’s ok with you, please transfer the money over to Spain as the vendors are going back home as soon as we complete. 

Does this sound valid?, that I cannot see evidence that the extension is legal because of the data protection law?, and is it true the Notary wont sign unless its legal?

Cheryl

Cheryl

Very helpful member

Fri Jul 5, 2019 7:48pm

Posts: 879

Location: Albatera

785 helpful posts

Posted: Fri Jul 5, 2019 7:48pm

Look at Jim's guide just a few posts down.

Peter Rossa

Peter Rossa

Original Poster

Fri Jul 5, 2019 8:02pm

Posts: 71

Location: La Marina

7 helpful posts

Posted: Fri Jul 5, 2019 8:02pm

Sorry Cheryl, I can only see my post on this page, any chance of a link please?

Cheryl

Cheryl

Very helpful member

Fri Jul 5, 2019 8:11pm

Posts: 879

Location: Albatera

785 helpful posts

Posted: Fri Jul 5, 2019 8:11pm

https://www.costablancaforum.com/area/almorad%C3%AD-spain-11/general-property-discussion-in-almorad%C3%AD-33/jims-guide-the-nota-simple--property-purchase-66914/
If you go to the home page and then click on the green latest posts in Costa Blanca button, it takes you to the main forum.

LeckyLes

LeckyLes

Very helpful member

Fri Jul 5, 2019 8:11pm

Posts: 907

Location: Cabo Roig

772 helpful posts

Posted: Fri Jul 5, 2019 8:11pm

Peter. If you go to the top of your page. There you will find a symbol of a magnifying glass, the search facility 

In the 'what are you looking for 'column enter the words 'nota simple ' and in the location box enter ' everywhere' you will then be directed to the nota simple topic by Jim,  click on it and you are good to go 

LeckyLes.

LeckyLes

LeckyLes

Very helpful member

Fri Jul 5, 2019 8:13pm

Posts: 907

Location: Cabo Roig

772 helpful posts

Posted: Fri Jul 5, 2019 8:13pm

, or alternatively ,as Cheryl has directed above.

LeckyLes 

Peter Rossa

Peter Rossa

Original Poster

Fri Jul 5, 2019 8:30pm

Posts: 71

Location: La Marina

7 helpful posts

Posted: Fri Jul 5, 2019 8:30pm

Thanks so far people, I read in that link "At the point of completion, the notary will have to obtain one (nota Simple)so he can check that the details in the nota simple and the escritura are the same." But my Conveyancer said, "The owners are going to add the extension on the deeds ", so I presume neither the nota simple or the escritura at this satge will show any mention of the extension?

What and where would the documentation that shows the work has planning and building permission be?

I am thinking I should get a solicitor to check this, any recommendations for one in  La Marina please?

killjoy

killjoy

Helpful member

Sat Jul 6, 2019 5:20am

Posts: 574

Location: Orihuela Costa

291 helpful posts

Posted: Sat Jul 6, 2019 5:20am

Better reconsider the purchase. Legalizing an already standing building or part of it, requires a lot of paperwork, time, and money assuring that everything is according to local rules and requirements. And there is no guarantee that conformity is given, or even has to be demolished.. Better get a so called "tasador judicial" whose appraisal (including market value) is probative. His fees are lower than making a lawyer do this for you.

Peter Rossa

Peter Rossa

Original Poster

Sat Jul 6, 2019 7:59am

Posts: 71

Location: La Marina

7 helpful posts

Posted: Sat Jul 6, 2019 7:59am

This is exactly what I am afraid of and I do not feel the estate agent are doing what I paid them to do, but are more interested in making the sale.

I have now e-mailed the solicitors in La Marina and will see what they charge.

If the building work has not been authorised, I guess I will lose the 10% deposit I had to pay or could this be retrieved if the property is shown to be that it shouldnt have been on the market in the first place if i is not legal?

LeckyLes

LeckyLes

Very helpful member

Sat Jul 6, 2019 8:03am

Posts: 907

Location: Cabo Roig

772 helpful posts

Posted: Sat Jul 6, 2019 8:03am

Peter, you wisely state you intend to employ the services of a solicitor ( Lawyer ) to look into this matter. Can I ask in what legal capacity is the person you say you are dealing with so far over the house purchase. I.e, are they not a registered Lawyer ? 

LeckyLes.

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