Overbuild

Hi

We are buying a place in Spain that has had an overbuild which is very well built on the top of the solarium, will our Lawyer or the Notary check the overbuild is legal?  We have been told it is legal but obviously we want to check.  Also when you purcahse a property and pay outright cash would we get the deeds on the day of signing

Thanks Janet and Ste

Wouldn't assume your lawyer or notary will check anything is legal, if you are concerned ask them specifically about this. We didn't get our deeds immediately they were sent to us some time later, sorry can't remember how long it was it seems so long ago.

Contact your solicitor and state you will not purchase unless the overbuild is legal. Have you signed a contract? If not you can insist that overbuild is legalised as a condition of sale.

Also insist your solicitor takes a retention if they cannot provide a cert of habitation. I presume from your name that you are purchasing on Verdemar in Villamartin. They are old properties and Certificates are usually not available.Apparently the town hall insists on architects report on property before they will issue the new cert. If your overbuild is NOT fully legal you could finish up with problems as architect will have to report its existence.

Jean

RE    'Getting the deeds'

In Spain you only ever get a certified copy of the Escritura (effectively the Deeds). Normally you can collect it (and several copies which you will need) from the notary's office a few days after you have signed the purchase contract in  front of the notary.

If the  additional building is not legal. I would suggest you don't part with a euro, including legal fees, until it is. 

 I would think that a search at the property registry of your town hall, and getting a 'copy simple'  would show if the building is legal.