fuera de ordinacion/out of regulations

Information and questions about the Law in Spain and Andalucia.
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fuera de ordinacion/out of regulations

Postby linne » Sun Oct 18, 2015 10:23 am

I have read, what I can find about ”Fuera de ordinacion” in the forum. Unfortunately my Spanish is poor, so I don’t understand the articles in Spanish. So I haven’t found an answer to my questions below. Hope someone can help.

We built a small vacation house in 1982 on rustic land without having building permission (only an oral permission from the mayor, but this is a long story). In 2000 we built a garage without building permission and paid a fine.

In 2008 we got an Obra Nueva. In the Obra Nueva there is amongst other things architect drawings of the house and the garage and a statement from the Ayuntamiento that the property “no tiene expediente de infraccion urbanistica”, which we understand, as if the building is accepted.

We have paid IBI and non- resident income tax in all the years. So in a way we feel that we are “legal”, although we know that we cannot build a pool or expand the house.

Now we are thinking of selling the house and someone mentioned that we need to find out, if the house is out of regulations /Fuera de ordinacion. We understand it, as if it has something to do with the possibility for a buyer to have a mortgage.

So here the questions:
1) Is our Obra Nueva enough for a buyer to have a mortgage?
2) Do we need to have an official paper telling, if the house is out of regulation or not even though the buyer perhaps not want a mortgage?

I know, we can ask a lawyer, but we have had bad experiences regards to the cost of a lawyer, so I decided to ask the forum - knowing there is so many helpful and experienced people here

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