Buying a villa with planning permission issues

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09 Jan 2009 00:00 by ferlow Star rating. 5 posts Send private message

 

I started this thread in the "Introduce yourself" forum, but I think it really belongs here so I have copied the initial messages.

I am new to this forum - I wonder if anyone can advise?

I have seen a villa I like in the Costa del Sol area which is a good price. I have now been told that two bedrooms were added about two years ago without planning permission (as part of a full renovation). I have read that anything which was built more than four years ago should be ok (i.e. you won't be asked to pull it down), but this was only built two years ago (and I'm not sure the four-year rule is true anyway). Is there any way round this - can I regularise the property in some way with the local authority before buying it or is it just totally unsaleable. Are there any circumstances in which it would be a good idea to go ahead with this or should I just steer clear? I do like the property a lot, and it is at a very good price (though perhaps this is the reason).

Thanks a lot 

Roberto and Rowlandsbb replied, cautioning me (very sensibly) against going any further without having legal guarantees (thanks to both of you for replying). I'd still like to know though if anyone has direct experience of a case like this. The villa is in the San Pedro area, not in a development. How big is the risk that you would actually be asked to demolish? Does anyone know anyone who has been asked to or does the town hall have a relaxed attitude to this sort of thing? I have had anecodotal evidence from friends that there would be no problem, but I do take very much to heart the advice of Roberto and Rowlandsbb that it is best to have legal guarantees. I think the cost of the property is very relevant here. If it is a big enough bargain, it might be worth taking the risk, but I do need to know how big the risk is before making that decision.

 

 

 

 

 





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22 Jan 2009 18:24 by Jewel Star rating. 34 posts Send private message

In this market and political climate I would not take any risks and 2 bedrooms is a sizeable extension.  If you really like the house ask the owner to get the extension legalized and added to the deeds (or at the very least ready with a declaration of obra nueva that any nmotary will accept to amplify the house) and then purchase it, NOT the other way round!  It is the seller´s responsibility to have the paperwork in order.





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30 Mar 2009 23:53 by Fairway Lawyers Star rating. 48 posts Send private message

Hi,

be careful about the 4 years rule as 1) there are exceptions, such us building in a plot classified as "green area", which in principle has NO DEADLINE for the demolition and it could stand permanently as a damocles' sword and 2) the rule is valid AS LONG AS NO NOTIFICATION HAS BEEN RECEIVED FROM THE TOWN HALL IN THE MEANTIME, as this interrupts the  years period which would start anew once the process is paralized.

CHECK AT THE TOWN HALL FIRST. AND, IN CASE OF MARBELLA, CHECK THE CURRENT SITUATION ACCORDING TO THE EXISTING MASTER PLAN OF 1986 AND THE PROJECT FOR THE NEW ONE.

 





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