Antiquity law

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05 Jul 2011 00:00 by lostinspain Star rating. 10 posts Send private message

Is there an antiquity law that is still applied in Murcia? I have a small sun shelter at the end of our pool that was built nearly five years ago and an outside toilet. The builder told me that after 6 years we could legally add it on to our house deeds but now I am wondering if this is the case.  Pleas can anyone advise me?





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30 Jul 2011 12:53 by Fairway Lawyers Star rating. 48 posts Send private message

Hi,

town halls have got 4 years to take action against FINISHED buildings done without planning permission (if the building is not "finished", the rule does not apply).

After that time, the town hall has no longer action against the owner, but the building is "frozen", this means that you are allowed to maintain it and keep using it as you have been doing it, but nothing else.

However, there are important exceptions to the 4 years rule mentioned above: building works done in public property (=a street) , green areas (= a park) or in areas classified as rural protected land in the Master plan or similar Plans are NOT subject to this rule, and the competent town hall can ALWAYS take action.

As to the way to include those buildings into your deeds, this implies getting assistance from technicians and probably going to the town hall to make them acknowledge that these works were finished more than 4 years ago. In this regard, we can assist you.

Yours sincerely,

 

 

Am (Fairway lawyers)

 





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01 Sep 2011 18:01 by rewdan Star rating. 4 posts Send private message

 Hi,

I bought my house in Ibiza around 12 years ago, all of it is legal and is listed on my escitura. However, there were the foundations for a small room extension with walls up to ground level but no further. 11 years ago I decided to finish these walls off (unaware I needed a license). I was denounced by a neighbour. The local town hall told me to get an architect to determin if this extension could be legalised. After another year the Architect finished the project and told me it couldn't be legalised. I was then fined 50000euros by the town hall. My solicitor got this reduced to half on appeal. He then advised me to do nothing for 10 years. The town hall never demolishes anything and if nothing happens for 10 years then the building can be legalised. I have lived with a half finished building for 10 years now and wonder what your thoughts are on the matter. I do not want to sell the house but would like to finish the extension.

What could you help me with in this case?

Thanks





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02 Sep 2011 13:27 by mariadecastro Star rating in Algeciras (Cadiz). 8149 posts Send private message

mariadecastro�s avatar

 An administrative procedure before the Local Council for final legalisation and determination of current and future rights will be necessary.

Kindest regards,

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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02 Sep 2011 13:45 by lostinspain Star rating. 10 posts Send private message

Thank you for the information but still a little unclear as to what to do. the sunshade area and outside toilet have were constructed  4 years ago this month. If I go to the local town hall to apply for a licence in retrospect, can I  be fined for not having a licence?

Also, how do local town halls approach you if they discover you may have an illegal building. Do they write to you or as some people suggest, take photographs and then write to you. I am asking this as we noticed a car with what looked like speakers and a telescopic type camera.  It stopped outside our house and panned the area of our garden and then drove away.  Our neighbours said it was a google earth unit taking photos of the locality and that they had been seen in operation elswhere in the region. Sorry if I am sounding paranoid! 

 





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02 Sep 2011 13:45 by lostinspain Star rating. 10 posts Send private message

Thank you for the information but still a little unclear as to what to do. the sunshade area and outside toilet have were constructed  4 years ago this month. If I go to the local town hall to apply for a licence in retrospect, can I  be fined for not having a licence?

Also, how do local town halls approach you if they discover you may have an illegal building. Do they write to you or as some people suggest, take photographs and then write to you. I am asking this as we noticed a car with what looked like speakers and a telescopic type camera.  It stopped outside our house and panned the area of our garden and then drove away.  Our neighbours said it was a google earth unit taking photos of the locality and that they had been seen in operation elswhere in the region. Sorry if I am sounding paranoid! 

 





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02 Sep 2011 13:57 by mariadecastro Star rating in Algeciras (Cadiz). 8149 posts Send private message

mariadecastro�s avatar

Please have answers below in bold green ( same text as your email):  

Thank you for the information but still a little unclear as to what to do. the sunshade area and outside toilet have were constructed  4 years ago this month. If I go to the local town hall to apply for a licence in retrospect, can I  be fined for not having a licence? No, if deadline for them to fine you has expired now.

Also, how do local town halls approach you if they discover you may have an illegal building. Do they write to you or as some people suggest, take photographs and then write to you. I am asking this as we noticed a car with what looked like speakers and a telescopic type camera.  It stopped outside our house and panned the area of our garden and then drove away.  Our neighbours said it was a google earth unit taking photos of the locality and that they had been seen in operation elswhere in the region. Sorry if I am sounding paranoid! Local Councils generally do not take picture. They just describe the situation to you in writting.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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02 Sep 2011 14:45 by lostinspain Star rating. 10 posts Send private message

Thank you for your reply. It was very helpful. 

Am I correct in thinking that the deadline for the Puerto Lumbreras (Murcia) town hall is the four year point?

With regard to the car with  the camera, do you think that maybe I should inform the police?

 





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03 Sep 2011 09:06 by mariadecastro Star rating in Algeciras (Cadiz). 8149 posts Send private message

mariadecastro�s avatar

 I cannot give an answer to you without seeing some documents.Please feel free to send them to us.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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03 Sep 2011 15:59 by johnzx Star rating in Spain. 3453 posts Send private message

Just one point.
 
If one has no worries after four years why are there so many problems with illegally constructed properties (many built even with town hall permission and licences) and demolition orders, after fours years ?



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03 Sep 2011 20:04 by guslopez Star rating in Lorca, Murcia.. 749 posts Send private message

Because we are talking about additions to already existing legal properties.



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Todos somos Lorca.




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03 Sep 2011 20:47 by rewdan Star rating. 4 posts Send private message

 Hi

I must appologise, I don't think I should have posted here, maybe an administrator could move my post to it's own thread as it looks like I am confusing the issue.

Sorry





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