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El blog de Maria

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

Legal tip 1277. Turning my commercial premise into my home. Is it legal in Spain?
10 March 2015 @ 10:36

Supreme Court has recently stated that commercial premises can be turned into a home: with the limitation of obtaining the corresponding license of habitation.

Main reasons for this allowance is that this change:  

(1) does not alter the community of owners’ shares 

(2) does not alter common elements.

Prohibition to this need to be registered in the Land Registry so that it is effective against  third parties

Always important to take into account that:

1) License of habitation is always required.

2) Does not apply for transformation of storage into a home ( this involves changes in participation fees) not to any change that requires altering the common elements of the building or expand the volume

3) Change can never produce alteration in determining the participation shares of each owner

4) If there is collective energy expenditure, the change use should not alter volume of use either. 

Atajate, Malaga, South eastern Spain, at

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