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How can I find out about illegal property

Posted: Mon May 9, 2022 10:22am
5 replies131 views5 members subscribed
Connie61

Posts: 2

Joined: 9 May 2022

I am about to put a reservation deposit on a new build in Pago del humo. I’m a bit concerned after reading about illegally built houses. How can I find out if the house I’m buying has full planning permission. Thank you 

Concept Architectural Workshop

Posted: Tue May 10, 2022 10:24am

Posts: 70

41 helpful points

Joined: 12 Feb 2019

Posted: Tue May 10, 2022 10:24am

Good Morning Connie,

Im an Architect with and Architecturtal practice (Concept AW) living in Chiclana for the past 3 years and we can assist you with your query.

My first recommendation is that you request your agent (person whom sold you the property) to inform you of the properties planning status, and if they cannot we can assist. Additionally, I would suggest that you request your agent to confirm the year in which it was built. The agent is legally bound to disclose all information about the property in question, especially information relating to it planning and legal status, and or general condition.

This is a very common occurrence within Chiclana and more common within Pago del Humo from my personal experience.

If you would like to contact please do on:

[email protected]

684376110

or drop into our office located within Chiclana.

And if we cannot assist you with all of your queries, we will put you in contact with professional service whom can.

Adrian.

loscanos

Posted: Mon May 16, 2022 8:12am

Posts: 62

27 helpful points

Joined: 20 May 2018

Posted: Mon May 16, 2022 8:12am

I don't believe any houses in Pago are 'legal'. Most are built on agricultural land. Plus do builders actually own the land? You can check, I believe, at the Town Hall if you have the land details or possibly a Notaris. People tend to build on agricultural land here and hope for the best that one day it will be legalised. Make sure there is well water and check whether it is a well or perforation.  Get yourself a solicitor who speaks English and does not live in Pago!

Buying around here is full of challenges not like buying in the UK.  Also is the house ready for occupation and have a certificate from, I believe, the Town Hall or do you have to wait until the builders sell more houses before beginning to built?

Look on the Internet for books on buying houses in Andalucia, Spain.

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Connie61

Posted: Mon May 16, 2022 8:20am

Connie61

Original Poster

Posts: 2

Joined: 9 May 2022

Posted: Mon May 16, 2022 8:20am

loscanos wrote on Mon May 16, 2022 8:12am:

I don't believe any houses in Pago are 'legal'. Most are built on agricultural land. Plus do builders actually own the land? You can check, I believe, at the Town Hall if you have the land details or possibly a Notaris. People tend to build on agricultural land here and hope for the best that one...

... day it will be legalised. Make sure there is well water and check whether it is a well or perforation.  Get yourself a solicitor who speaks English and does not live in Pago!

Buying around here is full of challenges not like buying in the UK.  Also is the house ready for occupation and have a certificate from, I believe, the Town Hall or do you have to wait until the builders sell more houses before beginning to built?

Look on the Internet for books on buying houses in Andalucia, Spain.

Thank you so much for your replies. It’s a small development of four houses, completed in November 2021. Three of them are already sold, we have a good Solicitor inMarbella doing some digging, but it’s taking ages .

loscanos

Posted: Mon May 16, 2022 9:57am

Posts: 62

27 helpful points

Joined: 20 May 2018

Posted: Mon May 16, 2022 9:57am

Connie61 wrote on Mon May 16, 2022 8:20am:

Thank you so much for your replies. It’s a small development of four houses, completed in November 2021. Three of them are already sold, we have a good Solicitor inMarbella doing some digging, but it’s taking ages .

It will take ages and a solicitor in Marbella, though I say it myself, is not the best to deal with purchasing and checking details of a house near El Colorado/Pago de Humo.

The architect is right you can ask your estate agent and he should tell the truth but my experience is that even though I have been very specific the agent skipped around a direct answer. Luckily, my daughter has lived here for 30 years and has tons of experience with property knows where to go to get the right answers.  My first port of call was to ask for the 'nota simple'

from the iternet:

A nota simple is a non-certified document issued by the Land Registry that contains information about a property: type of property, name, ownership, rights, size, type, boundaries, liens and encumbrances

In principle, the owner/builder should be able to supply you with this. I was looking at a property for a friend. Agent British. Asked for the nota simple and after three weeks I got one only to find out that the property was not allowed to be used as a bed and breakfast! If the agent didn't know this he should have as I had stipulated it was for a bed and breakfast.

TempleCAMBRIA

Posted: Thu Aug 25, 2022 4:15pm

Posts: 11

4 helpful points

Joined: 25 Aug 2022

Posted: Thu Aug 25, 2022 4:15pm

Just for your information: 

https://livingcostaluz.com/illegal-properties/


I hope it helps!

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