Community of owners not set up

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11 Jun 2024 2:53 PM by DTat Star rating. 2 posts Send private message

Hello, new member here. Grateful for any advice, specifically on the legal situation for this.


I am looking to buy a property that belongs legally to a community of owners. However, my solicitor has confirmed that the community has never been organized because there are no common areas and no expenses that need to be shared. The property is a townhouse with properties either side and built in 1997. Is there anything that I should be aware of or that would be relevant to this situation? Is there a way to check that there is definitely no community of owners?


Linked to this, there have been some alterations made to the property (prior to the current owner) which were never informed to the land registry. I have been told that this would normally be rectified by the current owner but because there is no community of owners it is not possible to obtain their approval (and therefore approval from the town hall cannot be obtianed and there can be no updating of the Land Registry). As a result the description remains the same as when originally built. I have been told that the catastro works with satellites and has detected that there was something else and has calculated the new square metres (other properties nearby have also been altered).  I have been told that from a legal point of view there are almost no consequences as the construction is older than 15 years and therefore the Town Hall cannot take any action against it. Also as the catastro is correct, from the tax point of view there is also no problem (I have been told that the registered square metres would be used if the property was valued for a mortgage, which I do not require). Are there any ways of checking or finding out wherher the changes were more than 15 years ago (I suspect not)? Does the above sound accurate? Is there anything else that would be important to know about this?


Any advice / information from anyone who is aware of the legal situation or has encountered a similar situation previously would be welcome.


Thank you.

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12 Jun 2024 8:00 PM by acer Star rating. 1531 posts Send private message

I'm not sure you'll get a response on this forum other than from Maria Castro - who occasionally provide good advice. 

For me it sounds like one to avoid - presumably the price is cheap?  But it sounds very odd to me, surely the community has assets - roads, communal land?

Don't argue with an idiot, he will drag you down to his level and beat you with experience.

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13 Jun 2024 11:14 AM by windtalker Star rating. 1938 posts Send private message

I take it this property is really cheap and is so for a good reason so if you want to take someones problems on at great expense to yourself then carry-on.. but I really can't understand why you would want to do this when half the property's on the Costa s are up for sale at a reasonable price. 

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13 Jun 2024 11:49 AM by DTat Star rating. 2 posts Send private message

Thank you both for the replies. Have to say it does ring alarm bells and every answer form the solicitor just raises further questions.


Think it's time to move on form this property and find something else.

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