When you buy a property in Spain, you obviously want to avoid construction violations. In this article, we explain how you can detect a possible building violation in Spain during the purchase process.
The property register
In the property register (Registro de la Propiedad) you will find the official legal description of the property. To include a construction in this register, the owner needs the help of an architect. This architect certifies, for example, that the existing structures have been built in accordance with the building permit or that any violations of unlicensed structures have since expired. The property register thus provides information on the licensed or legal status of the property.
Although the property register is public, you can only request information about a property if you have the identification details of the property. These data are not publicly available. Moreover, a property register search is not free.
Land registry
The cadastre (Catastro) contains a concise graphic representation of the property and determines the cadastral value and the minimum tax reference value. These valuations form the basis for taxes such as municipal taxes, transfer tax and gift and inheritance tax. Unlike the property register, the cadastre is public and can be consulted free of charge. The location of the property is usually sufficient to look up the cadastral data.
It is important to note that the property register and the land register do not automatically communicate with each other. If the data in both registries do not match, it may be an indication of a building violation.
Find more information on the property register and land registry here.
Aerial photos
Historical aerial photographs can be a useful tool to assess whether unlicensed structures have been added in the past. If aerial photographs show structures that are not registered in the property register or land registry, there may be a construction violation. In such a case, it is advisable to discuss this with the seller. If in doubt, you can hire an architect to assess the situation.
What to do in case of a construction violation in Spain?
If there is a building violation, you can negotiate with the seller to regularise the violation before the notarial deed of sale is executed. Regularisation is easier when the building violation is already time-barred. However, the limitation period varies by autonomous region, urban planning classification and year of construction. Some construction offences cannot be time-barred. For example, consider an illegal construction in certain rustic zones in Ibiza or Mallorca (Balearic Islands).
Moreover, the municipality can interrupt a pending statute of limitations by initiating infringement proceedings. It is therefore essential to check with the municipality whether any such proceedings are pending.
Learn more about the buying process in Spain here.
What is the impact of a construction violation?
The consequences of a building violation in Spain differ from one autonomous region to another. In Andalusia, for example, it is not possible to obtain a rental licence if there is a building violation.
If a construction violation is not yet time-barred, the municipality can issue a demolition order. In addition, carrying out construction work without a permit is punishable by law. In our experience, garages and swimming pools are the most common unlicensed structures.
Also, a prospective buyer will no Spanish mortgage be able to get a property with a building violation. So a building violation in Spain also limits the number of prospective buyers.
Questions about buying safely in Spain?
Would you like to know more about a Safe purchase in Spain? Then feel free to take contact with us. We will gladly guide you through every step of the purchase process, from drawing up the contracts and checking legal documents to the appointment with the Spanish notary. This way, you can avoid unpleasant surprises and invest in your Spanish dream home with peace of mind.
