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New comers - Page 2

Lesley08

Posted: Sat Jun 20, 2020 2:04pm

Lesley08

Original Poster

Posts: 47

2 helpful points

Location: Fortuna

Joined: 18 Jun 2020

Posted: Sat Jun 20, 2020 2:04pm

paulsav wrote on Sat Jun 20, 2020 1:11pm:

Your underbuild may well have been been part of original design but not designated as habitable accommadation, ie. Bedroom etc. That requires further planning approval and the documentation as suggested is important. You could find yourself in a nasty situation if you start renting out without ch...

...ecking you are authorised to do so as you will be putting yourself in the spotlight declaring all is ok when it isnt. 

Regards

Pauline.

We are buying the house as a 5 bedroom house which is what's stated on the deeds. This includes the bedrooms in the underbuild so do you think that would be OK.?

GraSal

Posted: Sat Jun 20, 2020 3:22pm

GraSal

Helpful member

Posts: 91

50 helpful points

Joined: 5 Oct 2017

Posted: Sat Jun 20, 2020 3:22pm

Lesley08 wrote on Sat Jun 20, 2020 2:04pm:

We are buying the house as a 5 bedroom house which is what's stated on the deeds. This includes the bedrooms in the underbuild so do you think that would be OK.?

Advice would be to, ask lawyer to check that underbuild, as underbuild accommodation, was a part of the original planning 

permission for the property or if added later full Planning Permission had been obtained and registered to make it rooms for 

habitation with a habitation licence?

It is essential that any changes to the structure of the property or its use have obtained Planning Permission in full,

and are then added legally by a lawyer to the property deeds. 

The result of this are 1. when you come to sell the property you are unable to sell it as the property does not match the deeds

or 2. the growing number of Spanish councils conducting property checks with police in attendance to unearth illegal property

changes. Then the results: pull down all parts of the illegal development/change, heavy fines or prison.

So really worth the checks.

When we purchased our property it originally had some land attached to it, which had been sold by the previous owners but 

never changed on the deeds. It cost the previous owner 15,000€ to change everything legally so that they could actually sell the 

property plus a 10,000€ fine and they were told the fine was on the light side!

Hoping this is useful

Lesley08

Posted: Sun Jun 21, 2020 7:42pm

Lesley08

Original Poster

Posts: 47

2 helpful points

Location: Fortuna

Joined: 18 Jun 2020

Posted: Sun Jun 21, 2020 7:42pm

paulsav wrote on Sat Jun 20, 2020 1:11pm:

Your underbuild may well have been been part of original design but not designated as habitable accommadation, ie. Bedroom etc. That requires further planning approval and the documentation as suggested is important. You could find yourself in a nasty situation if you start renting out without ch...

...ecking you are authorised to do so as you will be putting yourself in the spotlight declaring all is ok when it isnt. 

Regards

Pauline.

Hi Pauline,

I have asked my solicitor to look into this for me.🤞Thanks for the advice. 

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