Selling our rural house.

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Mobylette63
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Re: Selling our rural house.

Postby Mobylette63 » Sun Jan 19, 2020 10:19 pm

Reading al this is putting me off buying on the mainland...I have found a small campo house that we like, it was built with all papers apparently but my lawyer said there isnt proof of that so don’t except the sellers word. So seller said ok..I will get a DAFO / SAFO, he has paid for architect inspection, will pay for new septic system and anything else that is required to get certificate At his expense . Papers are currently in town hall and he wont take any money until 100% that everything is correct and certificate will be issued.

Beachcomber
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Re: Selling our rural house.

Postby Beachcomber » Mon Jan 20, 2020 9:21 am

If It was built with a licence and a first occupation was issued there should be a record in the town hall even if the owner is not in possession of the documentation. Obtaining copies would be far cheaper and quicker than going through the AFO process.

Mobylette63
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Re: Selling our rural house.

Postby Mobylette63 » Mon Jan 20, 2020 9:53 am

Seller says it was but there isnt a record of any of it at town hall, was built early 90’s

Beachcomber
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Re: Selling our rural house.

Postby Beachcomber » Mon Jan 20, 2020 1:27 pm

Is the seller the original owner of has it changed hands since it was built.

Mobylette63
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Re: Selling our rural house.

Postby Mobylette63 » Mon Jan 20, 2020 4:28 pm

Family land and family owned only, i assume once papers have been agreed at townhall and SAFO has been issued there shouldn’t be ant further problems

Beachcomber
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Re: Selling our rural house.

Postby Beachcomber » Mon Jan 20, 2020 6:28 pm

Bear in mind that an AFO does not legalise a property it just regularises it. The authorities cannot knock it down and it allows you to connect to services and it can be registered in the property registry.

Are there other properties on the land and, if so, has the plot on which the property stands been segregated from the rest of the land legally as well as physically?

El Cid
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Re: Selling our rural house.

Postby El Cid » Mon Jan 20, 2020 6:36 pm

You also need the be aware that once a DAFO has been granted, you cannot make any changes, extensions, covered areas etc. In the future. Some are of the opinion that it is better to buy a house without a DAFO and then extend it and then apply for a DAFO to regularise it.

Sid

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Re: Selling our rural house.

Postby Devils Advocate » Mon Jan 20, 2020 6:57 pm

Interesting comment Sid and a point I did mean to raise on here a few months back. As we already know the DAFO scheme is nothing more than a scam anyway but seeing as it's with us just what are the rules?, I don't know that's for sure.

The couple who bought our house even before the sale went through said they were building a car port and a storage building outside, as well as major internal changes.

We were then asked to pay for a DAFO and mentioned the exact point you said, ie why not wait until you do your mods and then get it. We even offered to leave them a contribution for it. The answer from their lawyer was NO.

He said we should get the DAFO, then when/before they do the building work they can either go through the town hall for planning..........or get another DAFO for new buyers if they come to sell with the new buildings on it.

So we have paid for a DAFO which is going through, yet the house has now already changed from what our architect has already submitted for this current DAFO.

Just glad we're out of the whole thing now to be fair, if we get any retentions back it's a bonus, although we've all but written them off. Glad we hung on for the top dollar on it or we'd be cursing now!
Property owner in Andalucia since 2002. How time flies.

Mobylette63
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Re: Selling our rural house.

Postby Mobylette63 » Mon Jan 20, 2020 8:28 pm

Not sure if this is correct, my lawyer in Mallorca told me this...after a period of time 6 years I think and as long there are no infractions listed against the house it cannot be demolished. You cannot get a licence to renovate or perform maintenance unless you have a SAFO/dafo . This doesn’t legalise it but allows for maintenance etc with the correct permissions. To try to carry out extensions etc etc before applying isn’t possible due to the fact that there are aerial photos dating back years, so when they notice work is less than 6 years old , even if its just roof tiles you wave the rule and it can be demolished

TerryC
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Re: Selling our rural house.

Postby TerryC » Sat Feb 01, 2020 4:20 pm

This is an update.

We have received another update from our lawyer.

It seems that if the car port and porch were built before 21 December 2005 then they are OK. I've sent three time stamped photos to the lawyer showing the car port under construction 12 March 2005, one photo shows the porch already in place. Will this be the end of the matter? Who knows. Our lawyer suggested asking our neighbours to confirm in writing that the porch and car port were built in 2005. Knowing the Spanish I think they will not want to get involved.

One crazy bit of information from the lawyer. If we had to knock these down at the town hall's behest we would need to get a license to do so and taxed for our trouble. Can you believe that? Probably another six or more months to get the license.

The valuer from the bank revisited our house last Tuesday week so hopefully fingers crossed we will soon be able to move to completion, I bloody well hope so.


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