All EOS blogs All Spain blogs  Start your own blog Start your own blog 

El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 1075. Registrars, Notaries and Planning regulations
02 December 2013 @ 12:40

Notaries and Registrars have historically been guarantoors of the private side of legalities related to property ownership: Owner, title, loans and encumbrances, means of payments, correct registration of ownership to give public faith of these private transactions before third parties.

Even in  Land Act of 2007 it was not clear that  Notary and Registrar must require First Occupation License to authorize / register deeds of end of works.

Notaries wrote an online guide by that time where they wondered about this requisite of the article on End of Works deeds:

b ) the documentary evidence of compliance with all requirements imposed by the legislation regulating the building to deliver it to their users

What document does this refer to? They guessed then:

Ten-years obligatory building insurance? Habitation License? Book of the building?
          
It was in 2011 , when Land Act started too mention specific obligations of Notaries and Registrars in regards to checking on Urban legalities. Then in 2013,  these obligations were made much more precise and clear:   

Notaries :

New building deed:
- WORK LICENSE + TECHNICAL CERTIFICATION OF PROJECT BEING SET TO LICENSE

End of Works deed: 
- TECHNICAL CERTIFICATE OF END OF WORKS + TEN YEARS INSURANCE + BOOK OF THE BUILDING + ENERGY EFFICIENCY CERTIFICATE + FIRST OCCUPATION LICENSE
 

Registrars:

They need to verify all requirements above before registering the end of works deed.

When registering finished works they need to verify very strictly on existence of any urban irregularity.

So, in short words, it is not till June 2013 that the Land Registry offers a high level of safety in regards of the planning/zonning status of houses. For all houses built and registered before then, a good independent lawyers is necessary for verifying those aspects.

Demolitions? Possibly not as many as the press mentions and always a claim being possible against Local Councils is they issued licenses against Regional Urban Rules.

Legal adviceSierra of Grazalema, Cádiz, South of Spain, at facebook.com



Like 0




2 Comments


ads said:
05 August 2014 @ 15:03

Maria,
Have any cases been brought against Local councils and compensation won? Has any case law been established/ legal precedent been set in this regard?


mariadecastro said:
07 August 2014 @ 07:22

Ads.
I am checking on this. I will inform you correspondingly
Cheers
Maria


Only registered users can comment on this blog post. Please Sign In or Register now.




 

This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x