Buying rustic property with alterations

Hi to all,

I am interested in buying a property which is on land classified as 'rustic'.

There are discrepancies between the Catastral plan and the escitura and what is reality!  Apparently quite normal.

I am told that this can all be corrected.  The property has been surveyed and the details will be used to update the Catastral plan and the escitura.  Is it as simple as this?  I am concerned that the alteration to the property (mainly a swimming pool) would not have had the proper permissions/certificates otherwise it would already be on the escitura.

The details of the house itself are described fairly accurately.

In any case, putting aside the past legality of the alteration is it safe to proceed so long as the escitura is updated to reflect reality?

Any advise much appreciated.

You should tread very carefully here and ensure that not  only are the modifications entered into your Escritura ( along with the Obra Mayor / Menor if you have them ) and proof that Licenses have been paid to the Town Hall, but that you have also informed the Land Registry aswell as the Catastral to ensure that all Agencies and Parties can be agreed on exactly what comprises 'your property'.

   I would suggest that you read this (http://www.tumbit.com/how-to-guides/articles/89-how-and-where-to-register-your-property.html )  and then take the appropriate legal advise from an experienced and qualified lawyer who is familar with the property. Experience tells me never to assume anything in cases like this - and more often than not it is  Rustic properties like these that are offered at bargain prices due to the fact that there is a legal questionmark hanging over it. Been there, done that.

Many thanks for the quick reply.

I studied the very informative link and so have a few questions for my lawyer!

One more question, I am told that it can take a great length of time to get Catastral records updated.  Is this updating a formality once I have the new (updated drawings) as I am told I can do this after purchasing.  Obviously I would ensure the escatura and everything else reflects reality though.

I thought all the problems were on the coast and inland resale would be a safe bet but I am learning fast!

Property is in Granada province by the way.

Another peice of advice is to take any 'advice' given on a forum like this with a pinch of salt, unless it is from a qualified  and experienced legal source ( and yes, that includes me ). In my experience the law with regards to Rustic properties is pretty constant throughout Spain, but different Provinces and different Town Halls have different interpretations of it. In other words what is common practise in one town may not be in an another.

  Make sure that any lawyer that you appoint is familiar with the Town Hall that your property lies in as this can help speed things up.

  Does the property already have a cedula ? - If not this could slow things doen with regards to applying for thing such as utility connections or even loans and mortgages - it may even affect the overall legality of the property. If you don't have a cedula it can be a tiresome job getting one, sometimes involving getting Obra Mayor/ Menor's and architects plans done retrospectively.

Here is a very brief and general overview of some of the basic rustic building regulations that may apply  - http://www.tumbit.com/how-to-guides/articles/52-building-regulations-rustic-land.html

Like I say, that is all in MY experience, all I can really add is to do your research - I often find that if a property price seems 'too good to be true', then it often is....

Be very very careful before handing over any cash.  I would use an independant Lawyer who is working for you and not for the seller or Agent.  I have a friend who bought a piece of rustic land with the Mayors agreement that it could be used as a building site.  Permission was given for an Almacen (Barn) but told he could build a house.  He is now being told by the Reginal Govenment that it is illegal he has been fined by them more than the cost of the initial purchase of the land and building and he also has to demolish the building.   When he looked at the Catastro registration it is classed as Rustico land with a Residential building on it and the year it was built.  But it is still illegal.  The Catastro register is just so they can collect taxes the Hacienda altered the registration and then informed the owner.  As mentioned earlier in other posts different areas have different views on what is and is not allowed.  Ask to see the actual building licence for the building, not the project done by the architect but the actual licences issued to build - if in any doubt keep your money and just rent.

Lazyday  has nailed it  ! - yet another example of the Alcalde himself either being totally ignorant, or deliberately flounting what the Regional and/or National laws are. Just becuase the Alcalde signs a peice of paper don't make it legally so !

Many thanks for the information, all taken on board.  The property was built 6 years ago according to the neighbour and confirmed by the Catastral information.  Electricity is connected.  Water is from a private bore hole supplying this house only.  Also a second supply which I am told is turned on every so often to fill a storage tank.  This supply also supplies the neighbouring property too which has its own tank.

The house is on approx 3000 sq meters which I understand is not enough for a 150 sqm house, or any house.

I think the land owner probably built the house on a much larger plot/s originally but then sold the house with 3 of his plots totalling 3000 sqm. 

Again, many thanks for the help with this minefield! 

Actually, giving more thought  regarding the build size, the footprint is only 60 sqm because there are cave rooms.  This is of course 2% of the land area which (very) loosely ties in with the requlations, sort of!

It sort of comes back to the Cedula though, If you have it you are (almost) home and dry, if not you could find the 10'000 sq mt plot requirement before you can have a property on your plot problematic. There is a glimmer of home with regards to 'reforms' often being allowed on  smaller plot sizes, but very rarely new builds. Given that the building is only 6 years old (from a new build I assume) and on a plot of less than 10'000 mts, I would question the possibility of being able to get a cedula.

   If the issue of not having a cedula doesn't bother you, then it may be as straightforward as getting a surveyor / architect  to draw a plan of your plot and build, get it notarised and submit it to both Property registry agencies, and then update your Escritura. Don't be tempted to cut corners here and do it yourself - it is times like this when a good lawyer can be worth their weight in gold, and when you here of the many horror stories of things going wrong, it is often when people have acted on poor quality advice.

Again, thanks very much for the (high quality) info. 

I will definitely ask about the existence of the Cedula.  The lawyer has instructed an architect to draw plans of the property, in fact this work is now completed and the process of getting the plans approved by a notary and the escitura updated is under way.

Meanwhile I have spent many hours reading everything I can find regarding Spanish property law and come to the conclusion that it is all a bit of a lottery for so many reasons!  I just hope the lawyer is doing a good job.

Thanks for taking the time to help, much appreciated.

If anything at all needs legalising or sorting out then make the vendors do it before you hand over one penny/cent.

Too many times people say don't worry about it you can sort all this out at completion etc and if for whatever reason you can't then you might be left with a worthless property which you will not be able to sell etc.

Don't be tempted to rush in and pay a deposit and if you do pay a deposit then only EUR3k as a gesture of goodwill to be held by your appointed lawyer until all paperowork is in order.