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QF Focus Magazine
How to detect undeclared / illegal extensions when you purchase a property
If you are purchasing a property in Spain it’s essential to; A - make sure the property doesn’t have an illegal extension or pool and B - is properly described in the Title Deeds with its complete metreage registered in the Land Registry.
Often a solicitor will base their conveyancing on the property’s dimensions in “Catastro” (official body in charge of council tax/ property taxes), but more often than not Catastro isn’t actually up to date. Therefore in my opinion it’s very important to follow these tips:
- Ask the vendors if (and when) they’ve had any extension or pool done. - Ask if they applied for licences and make sure these licences are correct. - Always check a pool as they are generally not declared and they certainly should be. - Under-builds, sheds, workshops, outside kitchens and exterior storage areas are rarely declared correctly in the Land Registry. - Check the description in the Title Deeds for the dimensions and compare with the physical property measurements to make sure
they match.
In all those scenarios the document needed is a Certificate of Antiquity, also known as a Retrospective Licence, as it is used to guard against sanctions in cases of lacking a licence and needed in order to update the property’s description in Title Deeds and Land Registry.
The vendor is responsible for the cost of the Antiquity Certificate / Retrospective Licence but please be aware that if your solicitor doesn’t detect any illegal/ non declared extensions or pool and you go ahead and purchase, there is no come back. It will later be at your expense to upgrade the Land Registry, even if some years on or if you decide to sell.
Solicitors don’t usually inspect the premises (or compare notes with the Estate Agent) and don’t have the tools such as lasers and GPS equipment to measure a property.
Martinez de la Casa Architects offers a check-up service for the property you are purchasing for only 84€ (IVA included) which includes an on-site inspection, survey and laser measuring. We only need the property Title Deeds or Land Registry information and will give you a verbal answer within the next 72hrs of the inspection (certified information is also provided for 250€ plus IVA, although when we detect extensions it’s advisable just to have a Retrospective Licence).
If your Solicitor is studying your case, ask them to contact Martinez de la Casa Architects to check the property and we can guarantee a safe purchase.
Martinez de la Casa Architects also offers superb discounts if you require a Structural Survey (70€ plus IVA minus discounts for multi services contracted) or Full Technical Report (450€ plus IVA minus discounts for multi services contracted) done at the same time.
Martinez de la Casa Architects is one of the most prominent and respectable practises in the area, providing all types of Certificates and Licences, amongst other services. They are the Number 1 company in EPC Certificates (121€ inc IVA), Habitation Certificates (from 168 € IVA and Registration in Townhall included) and Number 1 for Antiquity Certificates/ Retrospective Licences for pools (190€ +IVA) and extensions (270€ +IVA). For all enquiries or to arrange an appointment please call 665 810 411 or visit
www.martinezdelacasa.com to see an impressive list of over 150 testimonials by satisfied clients.
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