Living in an Almacen ..... is this legal?

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25 Feb 2013 23:24 by ds8819 Star rating. 13 posts Send private message

 Does anyone know?

I have been looking at a property advertised for sale, which is a new build .....described as an "Almacen"

My understanding is that this term describes a "storage facility". It is currently lived in by the current owner, who assures me that this is perfectly legal. Stating that  this is all very normal and is just the way things are done. and that there are houses dotted all over the place here, some with 3 bedrooms, 3 bathrooms, pools, and are still classed as Almacens and being used as full time dwellings!

Does anybody know what the legalities are with this? I am extremely dubious that the local town hall would be agreeable to a building designated as a "storage unit" being used as a "dwelling!"

 

 






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25 Feb 2013 23:42 by eos_ian Star rating in Valencia. 490 posts Send private message

eos_ian´s avatar

 I agree, I would be dubious too, well infact I wouldn't believe it.  An almacen is normally built on "terreno terciario" which is limited to "services and businesses only". It is not "terreno urbanizable" which would be used to build houses and far more valuable. Yes many people have done this and haven't been caught becasue the land is cheaper. But if the land is terciaro you could be forced not to live in your "warehouse", as it falls under different regulations. So you would need to check it out at the land registry office. If it is an "almacen/warehouse" on Terciario land , I would highly recommend you didin't buy it unless you want a warehouse, not a house. None the less have it checked out and don't take anyone's word for it. If the land is not "urbanizable/urbano" don't buy it if you are looking for a house.



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26 Feb 2013 07:28 by nigel188 Star rating in Estepona. 625 posts Send private message

 Hi There

Please check out Advertisment  Ref 103-03837 on the Link below. The Owner  started already in November 2012 to  convert the Almacen into 7 Residential Apartments and planning permission was  already given in 2007  by the Estepona Town Council  when my Parents were still alive.Our Lawyers say this is a perfectly legal construction what do you think. I am not naming our Building for obviously reasons.There will be no back windows to this development and only sunlight through the front of these dwellings.

 

http://www.ibuscando.com/english/property/ref/R103-03837/

 

Regards



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26 Feb 2013 08:25 by Mungry Star rating. 329 posts Send private message

walk away

there are a substantial amount of places for sale in spain with no obvious bits that you need to be reassured of.

walk away and choose from one of the other millions

 

Edit:

I know that building

just to the left of if there is the sewage outlet that stinks terrible in the summer

 


This message was last edited by Mungry on 26/02/2013.

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i coldnt stay away from you miserable whining whingers for some reason




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26 Feb 2013 09:14 by eos_ian Star rating in Valencia. 490 posts Send private message

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 If the property hasn't been "recalificado" as a "vivienda" / house, I would also walk away. If it has been recalificado and is now registered as a vivienda, then there shouldn't be any problem, but as Mungry says there are thousands of properties without any problems attached. The problem is it may be ok for you but when you come to sell it you may encounter more problems.

 

The same goes for the "almacen"  it would need to be recalificado and registered as a vivienda to live there. But it depends on where it is etc, I am assuming  a detached warehouse not in a residential area. If it is in a residential area many have converted their warehouses to what are now called "lofts"  but once again it must be approved by the council and registered etc



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26 Feb 2013 10:46 by Mungry Star rating. 329 posts Send private message

i would say as well

if it has been classified and allowed by the governement as residental thats not the end of it.

you may need to try and get electric meters in it or telephone lines.

but endesa and telefonica may not even acnowledge its existance for as long as a decade.
i am not saying i have known this to happen but i know spain and spanish companys.

so buyer beware

time to pay your property taxes.
you may find you need to pay industrial taxes and have a 5 years fight while intrest builds up to get the tax people to realise its a house.

this is spain



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i coldnt stay away from you miserable whining whingers for some reason




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26 Feb 2013 10:54 by eos_ian Star rating in Valencia. 490 posts Send private message

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 I believe, but I'm not sure, that Hacienda will recognise your "warehouse" as a "house" if you can prove that "you" live there on a permanent basis and that it is your "main house". However I'm not sure what tax they will charge you. 



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26 Feb 2013 13:37 by Mungry Star rating. 329 posts Send private message

 buy as you know

thinking that

or knowing it

or even having a piece of paper saying that

is very different to doing it



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i coldnt stay away from you miserable whining whingers for some reason




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26 Feb 2013 14:36 by baz1946 Star rating. 2212 posts Send private message

I would have thought and it's pretty obvious that by reading this forum their are quite a few people on it that have had problems with legal..dare i say...ordinary house's, without knowingly buying a possible problem.

As for some getting away with it that's just like the bloke in the pub telling you what a fantastic amount he gets in UK benefits, you go and try and end up with nothing or tuppence.





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27 Feb 2013 12:57 by ds8819 Star rating. 13 posts Send private message

 Many thanks to all contributors to this thread.

I consider that giving it a wide berth would be a wise move under the circumstances, as I have no desire to fall foul of the law, nor have to live with the possibility that I could be ejected off the land at any moment.





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