extensions not on catastral

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TishTash
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extensions not on catastral

Postby TishTash » Thu Aug 10, 2017 1:11 pm

I've recently made an offer on a house in Andalucia and have just been told that there are various extensions which are not listed in the Catastro, these include an extension to the house which gives it an extra bedroom and en-suite, a large storage building and the swimming pool.

Any thoughts? I'm a bit concerned.

Unicorn
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Re: extensions not on catastral

Postby Unicorn » Thu Aug 10, 2017 1:35 pm

This is just friendly advice, so please accept it as such.
Walk away.
Unless you want years of wrangle, hassle, tearing your hair out and eternal non-resolution
Bisto, Brown Sauce and Paxo will be the least of your problems............

Be concerned.

Be careful you are not tied into the offer. If there are irregularities you should be OK

Wishing you all the best!!!

TishTash
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Re: extensions not on catastral

Postby TishTash » Thu Aug 10, 2017 1:46 pm

I might just do that Unicorn. Still moving to Spain though, probably end up renting till I find something perfect. But to have so many items that are not on the catastral is a big worry.

AkoAko
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Re: extensions not on catastral

Postby AkoAko » Thu Aug 10, 2017 2:00 pm

If you want this particular property then i would be inclined to make further inquiries before walking away . It does not necessary mean the additions are not legally done , you need to look at other documentation before assuming the worst . The Catastral can take a long time to update the records , it might well be the case that permits were granted and the works signed off .

Ours took 2 years before everything matched up with the Catastral and Town Hall , only then were we paying the additional IBI on our property although they did backdate the charges .

TishTash
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Re: extensions not on catastral

Postby TishTash » Thu Aug 10, 2017 2:12 pm

AkoAko I did want the property, to get it all up to scratch it only needed about 2k euros spent on it. But I was already concerned when I was told today that it had an aluminium roof. Not that I know a great deal (read, nothing) about roofing but not having a standard traditional roof put me off. Then my surveyor tells me that all the extra building work has not been registered...... The building work is several years old and I doubt very much that the catastral works that slow (I could be wrong) but as the extension has increased the value of the property by the addition of a bedroom with en-suite facilities I imagine the additional IBI (backdated) would actually be rather expensive.

I feel rather deflated today.

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Re: extensions not on catastral

Postby ajtg1952 » Thu Aug 10, 2017 3:36 pm

We've just sold our house and we have done a lot of work on it without permissions. The buyers are insisting on a DAFO, which I understand is becoming more common. This, apparently, legalises the house until something else is changed. The original house has to be legal and not on protected land.

AkoAko
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Re: extensions not on catastral

Postby AkoAko » Thu Aug 10, 2017 4:02 pm

In this area its common practice to do works without permits then have it drawn up and registered after 4 years with a certificate of antiquity . Many that have not done that have been caught by Ariel photos from Google , Drones and helicopters which are overlaid on the catastral plans and then the property owners are contacted to do the above , some are just sent backdated bills for 4 years and the Catastral have taken it upon themselves to add things like swimming pools bu using a computer program which is also on their own site to measure the build .

There was a purge that ended earlier this year , i understand it ran for 2 years and was very successful at bringing in a lot of additional revenue immediately plus raising the town halls income for successive years .

A lot of our neighbors that have been caught that way are happy to pay as the build becomes registered practically for nothing , the Hasienda have sent some a 60 euro charge which they would have had to pay anyway . One property had an 8 X 15 meter swimming pool installed only 2 years previously , they would not have been granted a permit due to it being in the campo and a permanent concrete below ground construction . They were going to complain on the basis that they should only pay 2 years back IBI but on advice decided to pay , under 4 years the chances are they would have to have it both demolished and then filled in ( filling it in wouldent change anything , they would still be liable for the IBI as the structure still existed )

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Re: extensions not on catastral

Postby truebrit » Thu Aug 10, 2017 4:47 pm

This is not exactly the same as you are experiencing but our amendment on our Catastral took nearly 3 years to complete. Also not quite the same but a couple in Almayate having house demolished in few weeks due to irregularities in building works. Be very wary. Could end up costing you a lot of money and heartache.

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Wicksey
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Re: extensions not on catastral

Postby Wicksey » Fri Aug 11, 2017 10:43 am

I understand that since the DAFO has been introduced things may have changed. Friends have just sold their campo house and had to do a DAFO which has cost many thousands in total. It meant installing a new septic tank and having an architect to draw up plans which seemed to be overseen by the local town hall.

We have previously added an entire property onto the deed under the old 4 year rule, but I'm not sure whether that is so easy now. Our current house had a small extension not included on the deeds when we bought and we intended to add it on in due course but I'm not sure I can now.

Tishtash I wouldn't rush into buying anything until you've lived in the area and tried it out first, especially if you're thinking of a campo property which are often very hard or slow to resell. If it is a campo house then you can insist on them doing a DAFO which would make them regularise the paperwork.

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Enrique
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Re: extensions not on catastral

Postby Enrique » Fri Aug 11, 2017 10:52 am

Hi,
I'd go along with Wicksey.........unless it has the Full paper work , which it hasn't ...walk away.

Aluminium roof on the main building....... :?: that would be a big no, we had our roof replace the other year and it had to have all the Full paper work ,Licenses etc, and inspection by the Town Hall Architect and be signed off.
UNIX is basically a simple operating system, but you have to be a genius to understand the simplicity.

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Terry Tibbs
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Re: extensions not on catastral

Postby Terry Tibbs » Fri Aug 11, 2017 11:10 am

Sorry for the dumb question, but what is a DAFO?

AkoAko
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Re: extensions not on catastral

Postby AkoAko » Fri Aug 11, 2017 11:16 am

A bit like a more comprehensive certificate of first occupation , with it you can apply for services such as water and electric even if your property is illegal providing it meets the criteria set down .

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Terry Tibbs
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Re: extensions not on catastral

Postby Terry Tibbs » Fri Aug 11, 2017 12:14 pm

Thanks AkoAko, I was thinking that the 'FO' probably stood for First Occupation (and not something ruder).

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Re: extensions not on catastral

Postby Gasman » Fri Aug 11, 2017 12:24 pm

TishTash - I have sent you a pm
Cheers
Gasman

El Cid
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Re: extensions not on catastral

Postby El Cid » Fri Aug 11, 2017 12:59 pm

A DAFO is a Declaración de Asimilado a Fuera de Ordenación

Two good articles here

http://www.sunsetproperties-spain.com/i ... o,108.html

http://www.cdsolicitors.com/the-purchas ... andalusia/

Sid

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Terry Tibbs
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Re: extensions not on catastral

Postby Terry Tibbs » Fri Aug 11, 2017 1:37 pm

Aha, that makes even more sense, thanks Sid.

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Re: extensions not on catastral

Postby dxf » Fri Aug 11, 2017 9:52 pm

Hola

Can I make a couple of salient points; A DAFO is for properties outside of a town plan; it is totally different if your illegal property is inside the town plan. There are several towns in Andalucia that are considering making their town plan smaller so putting urbanisations outside of it - thereby forcing the DAFO plan.

If a house has a DAFO then it can only be repaired not rebuilt. Even major repairs may be impossible; until tested in the courts, it is an unknown area.

Davexf

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costakid
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Re: extensions not on catastral

Postby costakid » Sat Aug 12, 2017 3:15 am

Walk. Don’t let your heart rule your head.

TishTash
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Re: extensions not on catastral

Postby TishTash » Sat Aug 12, 2017 9:00 am

Thank you for all your advice. After weighing in all my options I've decided to walk away. I don't want my future in my new home to be marred by this thing hanging over my head. I want to be able to move in and only worry about general maintenance and upkeep rather than the legal side and Mr Taxman. I will continue my hunt.

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costakid
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Re: extensions not on catastral

Postby costakid » Sat Aug 12, 2017 9:38 am

Good decision. The shine will very quickly go if you get involved in a long legal dispute with the authorities.


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