process and cost of updating an escritura

Do you have a query on how to get things done in Andalucia, where to find things, who to call? Find out by posting and hear about others experiences.
gavilan
Resident
Posts: 1547
Joined: Sat Apr 08, 2006 11:59 am
Location: Alcaucin

Re: process and cost of updating an escritura

Postby gavilan » Sun Jun 24, 2018 9:17 pm

re that catastral amnesty ... I quote from one of Enrique's links: 'The Catastral office will contact any house owners where they have detected any irregularities.' ... so do I assume that if the catastral offices have not contacted me then they have not detected any irregularities?!

Pamela1
Resident
Posts: 979
Joined: Wed Jan 08, 2014 3:30 am
Location: Co Durham/ Granada Province

Re: process and cost of updating an escritura

Postby Pamela1 » Sun Jun 24, 2018 10:12 pm

Yes they would have contacted you and had you not received the letter for any reason ( been lost in post ) then you would have been contacted again to add interest to the 60 euros fine for the irregularities.

wollie
Resident
Posts: 900
Joined: Fri Nov 07, 2014 8:53 pm

Re: process and cost of updating an escritura

Postby wollie » Mon Jun 25, 2018 8:29 am

Am i right in thinking the Catastral is the site area of property?
That the Escritura is the said buildings on the said property?
Also is the Catastral office part of Ayuntamiento..
I'm afraid to tell the people of the amnesty as they will "flip"
They have being on about this for last few years and have missed it...

marchamona
Andalucia.com Amigo
Posts: 209
Joined: Wed Feb 14, 2007 5:25 pm
Location: Marchamona

Re: process and cost of updating an escritura

Postby marchamona » Mon Jun 25, 2018 8:32 am

gavilan wrote:TerryC ... may I ask you one or two more questions eg did your start by going to your town hall ?... and did they introduce to the architect? ... and was your IBI backdated as POR suggested? ... finally, roughly how long did it all take?


Finding this very interesting....
Just about to go down this road to 'update' my escritura. Does the architect have to be nominated by the local town hall?

gavilan
Resident
Posts: 1547
Joined: Sat Apr 08, 2006 11:59 am
Location: Alcaucin

Re: process and cost of updating an escritura

Postby gavilan » Mon Jun 25, 2018 6:52 pm

sad that so far no-one has responded re town hall architect or other ... nor wollie and catastral questions ...

User avatar
peteroldracer
Andalucia Guru
Posts: 6918
Joined: Wed Oct 13, 2004 5:56 pm
Location: Los Alcázares, Murcia

Re: process and cost of updating an escritura

Postby peteroldracer » Mon Jun 25, 2018 7:33 pm

When we were regularising our house we used an abogada who specialised in property stuff, who arranged for technical architects to visit, measure, photograph then send all off to the college of architects, who sent a certificate of antiquity. This was used by the notary in Velez, who drew up a new escritura.
The catastral side was dealt with by Comares Ayuntamiento, who were ratifying all properties with the Registry, a functionary from Malaga coming to Comares every week for a while...
I seriously suggest that unless you are thinking of selling, you adopt the Spanish way and just put your blinkers on....
The abogada we used stopped doing that and went into corporate work.
The saddest people are those that cannot laugh at themselves

gavilan
Resident
Posts: 1547
Joined: Sat Apr 08, 2006 11:59 am
Location: Alcaucin

Re: process and cost of updating an escritura

Postby gavilan » Mon Jun 25, 2018 8:12 pm

POR suggested 'you adopt the Spanish way and just put your blinkers on\ ....sounds like good advice ... especially coming from you ... many thanks

Pamela1
Resident
Posts: 979
Joined: Wed Jan 08, 2014 3:30 am
Location: Co Durham/ Granada Province

Re: process and cost of updating an escritura

Postby Pamela1 » Mon Jun 25, 2018 9:03 pm

That is exactly what the Spanish do and they keep them on when buying and selling :wink:

wollie
Resident
Posts: 900
Joined: Fri Nov 07, 2014 8:53 pm

Re: process and cost of updating an escritura

Postby wollie » Mon Jun 25, 2018 9:31 pm

It all seems strange to me that the Ayuntamiento supply a license to build. Then they do not fallow up by providing the necessary First License to live.
Then the escritura is a completely separate matter, i am only working on the project my friend did but there are surely others, i am not 100% about the escritura but considering this is their favourite topic i would surely have heard.
I know of a few people who extended their living space with applying for anything. I suspect the amnesty was targeted at people like these as the instances i am talking of would never be found with seatellite as more adding space without changing original structure.
I think the Spanish may have the right attitude but a levy of €6,000 on a one-off is a big hit...

El Cid
Andalucia Guru
Posts: 14204
Joined: Sun Oct 24, 2004 10:42 pm
Location: La Herradura, Costa Tropical, Granada

Re: process and cost of updating an escritura

Postby El Cid » Mon Jun 25, 2018 10:12 pm

[quote="wollie"]It all seems strange to me that the Ayuntamiento supply a license to build. Then they do not fallow up by providing the necessary First License to live./quote]

If the building is carried out exactly as the building license is written, to exactly the same dimensions and specification that was detailed, a licence of first occupation will be issued.

Sadly many building projects are not completed to the original specification - extra rooms, terraces, pools etc. and they do not pass the final inspection.

Sid

wollie
Resident
Posts: 900
Joined: Fri Nov 07, 2014 8:53 pm

Re: process and cost of updating an escritura

Postby wollie » Mon Jun 25, 2018 10:58 pm

Sid,
I do not think there will be a problem in getting the license as the project was done according to plan.
The utilities were connected and it was about 3 years later that another person who was selling said it was
a necessary document and i asked about it here.
I am interested in knowing how the property rules apply in Spain just to compare with past experience.
I do not believe its as important as we all seem to think it is though i am not sure...

TerryC
Resident
Posts: 275
Joined: Sat Dec 06, 2008 9:18 am
Location: Antequera

Re: process and cost of updating an escritura

Postby TerryC » Tue Jun 26, 2018 6:30 am

Hiya

Yes we got a 60 Euro fine and some additional IBI bills, but they didn't amount to that much. We do now pay more IBI but again it isn't that much more. The reason for doing it? We are trying to sell and we don't want a buyer walking away because the property is not fully legal. The process took about three months all told.

I didn't start by going to the town hall, I went straight to our lawyer who recommended the architect.

gavilan
Resident
Posts: 1547
Joined: Sat Apr 08, 2006 11:59 am
Location: Alcaucin

Re: process and cost of updating an escritura

Postby gavilan » Tue Jun 26, 2018 4:18 pm

thanks so much TerryC ... at least now I have as clear an idea as possible (givenn this is Spain!) as to the process/costs/timescale/tax impications of updating an escritura ... and can leave such instructions/information for family when I die... again thanks very much

TerryC
Resident
Posts: 275
Joined: Sat Dec 06, 2008 9:18 am
Location: Antequera

Re: process and cost of updating an escritura

Postby TerryC » Fri Jun 29, 2018 12:55 pm

So I went to the Property Registry to get an updated Nota Simpla only to find that it has not been updated. The biggest problem we have is the escriture says 25,000 mtrs approx and the Nota Simpla 19,800 approx. I contacted my abagado who informed me there was an objection to the change. the objection said that 5 to 6 metres of my land was on his land (yes 5 or 6 metres). I went to speak to the neighbour and he said it was not a problem (those Spanish blinkers somebody wrote about earlier.) I explained that maybe it was not a problem for him but for the legal paperwork it was a huge problem. I must add that my neighbour is an old guy, very difficult to talk to and does not read or write. I conveyed this conversation to my lawyer who is now trying to sort it out.
Oh the joy of living in Spain.

wollie
Resident
Posts: 900
Joined: Fri Nov 07, 2014 8:53 pm

Re: process and cost of updating an escritura

Postby wollie » Sat Jun 30, 2018 5:41 am

Terry,

https://www1.sedecatastro.gob.es

This is a link supplied on here by "Enrique" a couple of years ago.
You may be able to do abit of research yourself as from my experience lawyers will spend lots of time doing this as long as "dinero" is coming in.
I found it pretty straightforward.

Hope this helps....

TerryC
Resident
Posts: 275
Joined: Sat Dec 06, 2008 9:18 am
Location: Antequera

Re: process and cost of updating an escritura

Postby TerryC » Sat Jun 30, 2018 10:35 am

Thanks for the link Wollie but I use this all the time and have multiple print outs which not only detail my property but all the owners of the adjacent properties. Now the guy has made the objection it needs to be officially sorted which apparently means he has to go to a notary to sign a document deleting the objection. The notary is some way away so I have offered to take him there. I think the problem is the chap may not like any sort of officialdom, he has lived in his house over 50 years and does not want any problems, even though he created this one.

Pamela1
Resident
Posts: 979
Joined: Wed Jan 08, 2014 3:30 am
Location: Co Durham/ Granada Province

Re: process and cost of updating an escritura

Postby Pamela1 » Sat Jun 30, 2018 11:40 am

TerryC, you mentioned that the chap dosent know how to read or write? Someone in that case must have read it to him for him to make an objection...perhaps a family member? It may even be a family member or neighbour that is somehow pulling the strings..".only an observation"...My FIL who is 92 also does not know how to read or write & calls upon family members to help him with everything offical...he is at the age where he hates problems & would rather give in and pay and not dispute the time the ayutamiento sent him a letter claiming they hadnt received his water payments for 2yrs....He is afraid of doing wrong and i also think that stems from his many years under the Franco regime....
I dont think you will have any probs with the chap you have mentioned unless as i said someone else is involved...

jogger
Andalucia.com Amigo
Posts: 247
Joined: Sun Jun 03, 2012 8:00 pm
Location: Chichester/Casares

Re: process and cost of updating an escritura

Postby jogger » Sat Jun 30, 2018 8:05 pm

Hi, rather than start a new thread i have a question on the same subject. Our council have now given our terrace a street name, which is not the same as what is on the escritura. Would we have to fork out to get this updated?

TIA

El Cid
Andalucia Guru
Posts: 14204
Joined: Sun Oct 24, 2004 10:42 pm
Location: La Herradura, Costa Tropical, Granada

Re: process and cost of updating an escritura

Postby El Cid » Sat Jun 30, 2018 9:35 pm

I wouldn't bother. The address on the escritura was OK previously so I cant see why you should bother.

Sid

jogger
Andalucia.com Amigo
Posts: 247
Joined: Sun Jun 03, 2012 8:00 pm
Location: Chichester/Casares

Re: process and cost of updating an escritura

Postby jogger » Sat Jun 30, 2018 9:54 pm

Ok, thanks Sid, I'll leave it. I think previously a nearby street was used until the council gave us our own street name, a bit of a strange one.


Return to “Living in Andalucia”

Who is online

Users browsing this forum: No registered users and 16 guests