Planning Permissions
Whether you are about to buy a newly constructed property or you are considering purchasing a property that requires renovation or wish to purchase land upon which to build- several matters have to be considered in respect of planning decisions already made or planning applications that will need to be lodged. The most important issue for you is to NOT sign any documentation whatsoever until you have explored the options available.
In general, in Spain, there are three types of land classifications:
- Urbano -land with permission to construct upon which you would have a legal dwelling subject to receipt of Licencia de Primera Ocupación - see below
- Urbanizable – land that may be urbanised for development and once urbanised upon which you would have a legal development - subject to receipt of Licencia de Primera Ocupación
- No urbanizable – land that is non constructible.
Once it is confirmed that you are purchasing the type of land that you require you will need to submit a dossier to the relevant authorities for your project. This should be dealt with by a competent authority as planning issues in Spain are complex and can easily be misinterpreted.
Equally, you may be purchasing a newly constructed apartment or villa, here too there are important documents that should be provided by the developer or builder to include the Licencia de Primera Ocupación, a licence granted by the local authorities that confirms the property can be assigned to its legal use ( a dwelling) and that it is constructed to a certain standard fulfilling basic health and safety obligations, constructed on land that allows legally for such construction and that the developer has fulfilled his commitments to the urbanisation of the surrounding land. A failure to produce this certificate will lead to problems for the development receiving mains services, electricity, water, gas, telephone etc… You should not occupy a property without the Licencia de Primera Ocupación.
In certain circumstances, even if the deed has been signed before the Notary and the Licencia de Primera Ocupación has not been produced the purchaser may have the right to claim compensation and damages as the seller could be in breach of his contract by not producing this document. All such cases are different and each case must be studied on its merits and on its papers, there is no one catch all solution to this issue other than to state that without Licencia de Primera Ocupación you do not have a legally habitable property.
There are many seemingly ‘urban development’s’ of villas and apartments that are totally illegal having been constructed either without the appropriate permissions, or constructed on land with a ‘permission’ granted by a person or authority that is not entitled to grant such a permission or built on land that is no urbanizable. The proprietors of such property are open to prosecution, imprisonment and face having their homes demolished by the authorities as the property should not have been constructed in the first place. Misinterpretation and misunderstandings (amongst other issues) have led to many people constructing illegal property and buying illegally built property that will never be legalised and that could lead to the owner of that property facing a fine, possibly a prison sentence and the demolition of the property.
To protect yourself NEVER sign a contract to purchase a property whether in a rural or urban environment until you have had the land title checked out. Spanish Property Check will review the classification of the land and report to you regarding the possibility of any renovation or development and the existence of any Licencia de Primera Ocupación.
Why use Spanish Property Check?
- 60% less expensive than most Spanish abogados
- 60% less expensive than most Spanish lawyers
- 70% less expensive than most Solicitors in Spain
100% safe, secure, accurate, Spanish property Check at affordable prices
Contact Us to Check Out the land classification at spc@irl353.com