Underbuild on properties

Information and questions about the Law in Spain and Andalucia.
littleeak
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Underbuild on properties

Postby littleeak » Sun Aug 27, 2017 6:20 pm

My mum is in the process of selling her house. She's had an offer below asking price but the prospective buyers have said that they'll pay for the registration of use for the underground build on the property. There's a small room below street level housing a washing machine & toilet, & home office area. Apparently a new law has been introduced in Andalucía. Has anyone heard of said law?

El Cid
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Re: Underbuild on properties

Postby El Cid » Sun Aug 27, 2017 8:22 pm

Many houses have a space underneath. If this has been converted to be used in any way, then a building licence would have been required. Most people didn't bother and any problems usually only arise when they sell it.

If the buyers are happy to accept this then there is no need to do anything. If, however, they have plans to convert it further for proper living accomodation, they will need a licence, but that is their responsibility, not the owners.

Sid

wollie
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Re: Underbuild on properties

Postby wollie » Mon Aug 28, 2017 10:09 am

I be of the opinion that if she owns the footprint of the site she owns everything there-in and this is a try-on.
She might say there is another party interested unless she really needs to sell.
I have a friend who owns a town house and their next neighbor has a small shed underneath the back room.
They only became aware of this when doing work the neighbor asked for extra concrete as their floor was the
roof of the said shed.
Sid will know better than me but if it is on the site they can sell, if these new people legalize they will be paying
more property tax so i think try-on.

Hope it works out.

El Cid
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Re: Underbuild on properties

Postby El Cid » Mon Aug 28, 2017 10:19 am

Yes, it's theirs to sell. If the underbuild is illegal, it's up to the buyers to take it or leave it. What usually happens is that the buyer insists that the seller legalises it before they buy it. I don't understand why the buyer in this case, would want to pay for it as it can be quite expensive.

Sid

wollie
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Re: Underbuild on properties

Postby wollie » Thu Aug 31, 2017 6:53 pm

The OP seems to have lost interest but i am curious about this as i mentioned friends house.
My friend owns the footprint of the house and has plans confirming this.
The neighbor has a small tool-shed underneath ground floor back room.
Are there any legal implications here for either party?
Sid may know?

Thanks.

El Cid
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Re: Underbuild on properties

Postby El Cid » Thu Aug 31, 2017 7:55 pm

I'm not sure I completely understand the situation from your description, but if a third party has built something illegal under his house without permission from the owner and without a building licence it is clearly illegal and could be demolished and fines applied. It sounds very complicated, so I really can't suggest who would pay the fine and be responsible for the costs of demolition - it could be either party, but I guess that the finger will be pointed at the owner as he is responsible for whatever happens on his property. Get him to talk to a lawyer.

Sid

wollie
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Re: Underbuild on properties

Postby wollie » Fri Sep 01, 2017 9:48 am

Sid,
There is no issue here and i do not foresee this happening in the future, from my experience lawyers create issues when not there.
We are really more interested in how this happened and we assume it is there from a time before properties were mapped and regulated.
Just how it came to pass, it may be that it was extended family but i think my friend would have being made aware of this by the neighbor...

all ok.

littleeak
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Re: Underbuild on properties

Postby littleeak » Sat Sep 02, 2017 7:06 pm

Sorry folks I've been visiting relatives in the UK........... little free time for checking emails, forums etc.

Thanks for the replies. The bottom room is all legal for residential use. We get the impression that the buyers might want to rent the house out in the future & would need a licence, hence their request.........
Mum didn't accept their offer so they came back & offered more!! She's accepted their higher offer but I won't uncross my fingers until the 10% deposit has been paid!


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