Legalise building works in Spain
Dear Readers:
Today’s topic is regarding building works illegally carried out in a property that is part of an owners’ community. We are currently dealing with several cases. And this article will be of interest to you, especially if you own a property in Spain (with undeclared building works on it) and are interested in selling it.
In the first place, you will need to request a specific certificate, which is granted by the community administrator. To obtain a valid certificate with community authorisation for an unregistered building project, you need the Chair/Administrator of your Community to issue a Board Certificate or Minutes authorising the project (the owners must agree), attaching the Community’s Digital Certificate (FNMT) for signing, (signature validated before the Spanish notary). And then legalising the project in the Land Registry with a Descriptive and Age Certificate (from the architect) to declare the new work and be able to register it, as the community does not issue licences, but rather the Town Hall, and this community document serves to certify internal approval, which is essential for deed and registration purposes. In short, these would be the required steps:
I. To contact the administrator to see if the community has already approved similar works in the past, and in the affirmative case, to send the applicant the MINUTES approved in a valid AGM.
II. To obtain express authorisation from the community (if the administrator previously confirms that the community will agree):
A. To prepare the certificate/minutes: The chairperson or administrator must draw up minutes or issue a certificate reflecting the board’s approval of the work. Detailing that it has been informed and does not oppose it. Especially if it is a major work affecting common elements or safety.
B. Signature and Validity: This certificate must be signed by the chairperson and secretary and stamped. Preferably with the Community’s Digital Certificate (FNMT), to give it electronic validity.
C. Authorisation of the Building Work (Not a Licence): The Community does not grant licenses (that is the responsibility of the Council). But gives internal approval so that the owner can apply for the necessary municipal licence.
III. Finally, irrespective from the community certificate. It is also necessary to legalise the building Works (Registration and Town Hall) (this is done by an Architect ):
a. Certificate of Age and Description An architect must issue a technical certificate describing the work and certifying its age in order to declare the new work in the Land Registry and to the Tax Authorities.
b. Municipal Licence: Submit the building permit application to your local council, providing the project and the architect’s certificate.
c. Registration: With the building permit granted and the certificate of age. The new work is declared in the Land Registry, updating the description of your property and that of the community.
IV. In summary:
a. Community: Issues approval for the work (minutes/certificate).
b. Town hall: Grants the building permit.
c. Registry/Tax Office: The construction is regularised with a technical certificate (architect) and the municipal license.
V. Our sound advice:
1) DO NOT take any chances and never make any illegal building works without checking first with the Town Hall. You might risk facing potential fines or demolition orders in the future.
2) In addition to that, if the property is part of a community, DO NOT undertake any illegal building works without asking first with the owner’s community President (or administrator). We have, in fact, dealt with several cases where the administrator has informed us that numerous attempts are made by owners to legalise their building works (i.e. storage rooms). But as there are always owners who are against it and these agreements require unanimity, no agreement could ever be reached.
3) DO NOT sign a purchase and selling contract without checking first with an independent solicitor. Otherwise, problems like this can be a deal breaker later on.
VI. HOW TO CONTACT US FOR FURTHER SPECIFIC ADVICE?
We hope you find this information useful. Remember that this is not intended to be specific legal advice, just a general overview. As independent lawyers, we can help you both by assisting you with all conveyancing enquiries as well as carrying out a comprehensive background legal analysis on your consultation or problem, if required.
Should you be interested in receiving more specific information or simply get an independent 2º opinion (either about this particular subject or any other), you can contact our firm in several ways:
1. Call us or preferably send us a WhatsApp now to (0034) 687 88 88 73.
2. You can also use our e-mail form at the top of the sidebar of your screen, or alternatively, you can send us an email to info@bestsolicitorsinspain.com
Our commitment we’ll respond to your e-mail inquiry in less than 24 hours.
Finally, thank you very much for your attention. And in case you might have any questions or doubts at all, again, please do not hesitate to contact us. We would like to stress the point that you will be in good hands. And you can be reassured that we will look after your interests in the most committed and professional way.
We look forward to helping you and the benefit of our “know-how”.
Kindest regards
Mr Oscar Ricor
“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practising Spanish Solicitor. BZN LEX INTERNATIONAL LAWYER
