Legal house in Almeria

[Spud]

My sister is looking to buy a house in Almeria. There are so many illegal house its a mine field. Can someone please tell me how she can find out if the property she chooses is legal both with the townhall and the junta. As the legal system seems corrupt can she do this herself before going to a lawyer to complete the contract.

[scampicat]

AFAIK, the only way is to have all the papers checked by a straight, uncorruptible lawyer.

You'll find one of those with the rest of the winged pink creatures flying past your window.

Good luck!

(For future reference, I can recommend one of this rare breed working near Granada. PM me for any further details).

[Julie]

Ask to see the escritura, thats what I did, and the spanish people were happy to show me,if also most of Spain is ok, so it depends on the area, if they are going to buy in a renown area for it, then I would say becareful, where abouts are they looking at ?

[Spud]

She is looking in Chirivel, Oria and Albox. She has a friend who lives in Cantoria, she used a lawyer and was given an escritura for her property but she has been told it is illegaL. I don´t want this to happen to my sister. The estate agents say the paperwork is okay but how can you tell.

[Free at Last]

She is looking in Chirivel, Oria and Albox. She has a friend who lives in Cantoria, she used a lawyer and was given an escritura for her property but she has been told it is illegaL. I don´t want this to happen to my sister. The estate agents say the paperwork is okay but how can you tell.

Isn't the Licence of First Occupation a more reliable indicator that a house is legal than the escritura?

[El Cid]

Isn't the Licence of First Occupation a more reliable indicator that a house is legal than the escritura?

In theory, if the house is going to be on the escritura as a Vivienda, then the escritura should include a copy of the building licence, the certificate Final De Obra signed by the architect and also the Licence of First Occupation.

Our does.

Sid

[barry]

Just be very careful, we attended the Royal British Legion meeting in Albox and nextdoor was a meeting of expats who were having trouble with there properties, lots of people there, more than at legion meeting.

[Beachcomber]

The Priors from Vera had a certificate of first occupation!

[katy]

I did think the title "legal house in Almería!" was a bit of a misnomer

[Julie]

I think the area they are looking in has had big problems, so I wouldn't like to be them,never heard of nothing really like that in our part of Almeria, never heard of a problem here, glad to say Maybe looking at a older type property could help somewhat, I wish them all the best.

[gus-lopez]

She is looking in Chirivel, Oria and Albox. She has a friend who lives in Cantoria, she used a lawyer and was given an escritura for her property but she has been told it is illegaL. I don´t want this to happen to my sister. The estate agents say the paperwork is okay but how can you tell.

I am selling you something ? Why would you believe that I have any interests other than my own at heart ? Why would you believe anything anyone told you ? You wouldn't believe an estate agent/car salesman/financial , etc; in the UK would you ? So why here.
There are people down there who have/had everything. Escrituras, all licences, Architects completion, lfo's , water , electric , etc; & some all checked & methodically inspected by out of region solicitors & have now been told the original paperwork to build should not have been granted so the whole lot has been rescinded by the Junta & is illegal.
There's no way of knowing in reality.

[peteroldracer]

Remember the advice "never ever buy property in Spain - rent if you want to live (t)here"

[Spud]

Thanks for all your advice. I will pass this on to my sister. Sorry if you thought the subject was misleading.

[Beachcomber]

I did think the title "legal house in Almería!" was a bit of a misnomer

...or in Andalucía, even, especially if is a country property built since 2002.

Do not trust anybody. Lawyers, architects, builders, developers, estate agents, mayors, etc. etc., and especially the Junta de Andalucía, they are all in it together for what they can screw out of the foreigners.

[peteroldracer]

In general never trust a Spaniard - the national ethos seems to be that truth is unimportant when compared to the interests of the person - as is any sense of pride in doing well.
My view is somewhat coloured by having a Spanish woman in a 4x4 pull into an El Ingenio car park lane through a no entry sign, then because she was at all sorts of wrong angle go to straighten up - seeing me driving up the lane (in the correct direction) she waited, then failing to check that I had passed behind her (I was waiting to be able to pull out of the lane) she reversed at some speed straight into my stationary car. I was then subjected to a tirade about all English being "malo", accused of lying about her entering the wrong way (saying she did not know what the 'No Entry' sign meant!), had to be told 4 times to fill in missing info on the accident form, then (after claiming that she and her equally obnoxious daughter, having said that I called her mother 'black' which I had not) were leaving the car park therefore could not have been seen by me entering wrongly in the first place) went off to do the shopping, the daughter shouting that she would hit us harder next time!
I have no doubt that she will not bother to send in the form, so I will be telephoning Mapfre in the hope that she really is who she claimed, and that she is insured!
Makes one's day, that sort of encounter!

[markwilding]

In general never trust a Spaniard

Peter, sometimes you make my blood boil

[peteroldracer]

Sadly Mark I can say with total honesty that since and before we moved here in 2005, NEVER has a Spaniard done exactly what he/she promised to do - completely and to the time promised. This includes lawyers, builders, bank officials, shop staff, delivery people, waiters & restauraters, public officials et al. The only time anyone has come close is if it happened to benefit them to do more or less what they should.
I have learnt never to trust that any Spanish driver will obey the basic rules of the road (which attitude has saved my car and my body from injury several times).
The national attitude seems to be to aspire (if any aspiration exists) to reach mediocrity.
There may well be exceptions, but I have not met them in the past seven or more years.
The country is lovely, individual neighbours are nice to our faces, and provided one allows for the poor standards that will happen it is possible to live here and enjoy the sun without getting too angry and frustrated.
I speak as I find, and the remark was not made lightly. One problem with ex-pats is that they get so used to experiencing the way the natives live and treat each other, that they come to accept it and think it is the norm.

[Devils Advocate]

Yes I agree the Spanish people are a big problem. It makes life very hard for me to do something or give them something in return for their ceaseless help,generosity and true friendship they offer. The back biting,jealousy and two facedness I witness when over there comes soley from lonely and pedantic expats.

[peteroldracer]

They are not a problem - as long as you do not trust what they say or do - in general.
Of course there are exceptions, but in my experience not amongst the people who should be trustworthy. My neighbours are generous and friendly but they have nothing to gain from us by duplicity. On the other hand, the (mostly) absent owners of the land below us moved fences when we started building to try and steal our land, then moved a long boundary fence below us to try similar, claiming that the escritura showed this (which of course it did not - just a lie) .
If you have the odd holiday here you may not really see enough, or perhaps are content to put up with half-truths and poor service.
I do not think it is being pedantic to expect an abogado who has promised and been paid to get all the property paperwork correctly done and registered to do as they have said - not (as the first one) disappear with some funds having done little, or (as the following three) to promise to sort everything out yet only do a part, then duck away.
A local driving instructor who has strong family connections in the local Ayuntamientos crashed into my car, was breathalysed by Trafico and found just below the limit (Trafico conveniently taking 2 hours to attend)yet simply rejected the claim saying it had never happened and it wasn't him, with my insurance broker saying he could do nothing more... it goes on and on...

[Devils Advocate]

Hi Peter, the pedantic jibe was not aimed at you in this instance ...........as I say it was regarding the covern of expats we try to dodge at all times.

Another point. Agreed I only spend 10 weeks a year there...............however I know for sure I am more integrated in the Spanish "scene" than 98% of them..........and yes the Spanish themselves don't particularly have time for them either, so perhaps you have a point about them smiling in your/their faces.