Building permit problem

Member since 16 January 2021

MoulddoughnutMember16 January 2021 13:14:53

I have a country house in Andalucía and have a question as to planning/building.
The previous owner built a casita on the property and applied for a building licence for it. The Town Hall charged him 800 Euros for the licence. However, unbeknown to him, the fee he paid was for a deposit only. The document states that if permission is refused, then the fee will be returned.
Questions were asked about the building, he answered them and then built the casita, believing that he had a licence. I have now discovered that according to the Town Hall records his answers were not responded to and the permission was not issued, making the casita is an illegal build. They kept his 800 Euros.
To complicate things further, 3 years later the land was declared protected, this means that normal passage of time rules which may have allowed an illegal build to be accepted will never apply.
I am trying to get the casita accepted, because while it is on my land as an illegal build it makes the house difficult to sell. Has anyone any suggestions as to how to resolve it.

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Robertwilson-Head New member

Member since 11 January 2021

Robertwilson-HeadNew member17 January 2021 11:52:50

i would offer to pay any taxes that may be due to have the house become legal. They have some wierd rules in spain and geting friendly with the town mare would be an advantage. Half the houses are illegal builds and only become legal once everything is complete and roads / services etc are completed and taxes are paid.This is my understanding as i was going to buy a property in cadiz but could never get my head around that the properties werent legal and only become legal once everytrhing is finished. I have friends around cadiz good spanish friends who have properties that arent legal. Why are many properties in spain left unfinished ie roads unpaved etc? i have driven around and seen millionare mansions left unfinished and doubt they have the correct permits /licences . The casita you mention was a newbuild or a renovation of an existing building ? I would seek advice from a descent lawyer if you havent already done so and i will talk to a friend for his thoughts for you.
Regards
Rob

Moulddoughnut Member

Member since 16 January 2021

MoulddoughnutMember20 January 2021 11:49:29

Thanks to all for your helpful replies. I will contact a lawyer - a local architect I discussed it with was of the opinion that as the Town Hall had accepted and not returned the fee, or responded to correspondence then I may have a case. Not sure whether to appoint one from out of the area or a local one who may know the mayor. Whatever I choose to do I will leave it until the Covid situation has passed.

kittycat1 Serial expat

Member since 16 April 2013

kittycat1Serial expat01 March 2021 21:08:03

204

Hi Moulddoughnut.

here is the Official link of the
Spanish Goverment -
- Coastal and Marine Enviroments - FAQ -

Browse around, you might find any useful info..

https://www.miteco.gob.es/en/costas/pre … .8360.aspx

good luck!