a legal house on legal land

[The Sheriff ILLIA.]

All the answers above are correct especially with when it was started - and I owned the land I wished to build on  -  I used the rules that were available at the time, and so did most of the builders.  I have published this before elsewhere.

I bought a large plot of land - but still not big enough to build a House -it had to be a Nave in the first place - but I could have built 8 Naves in total and sell the other 7  on - I'm only glad I did not or I too would now be a rogue builder..

The builders bought large plots of land - or in some cases they did not buy them - they just became partners of the people who owned the land - the purchase to be completed later ??????

They then proceeded to build  15 / 20 / 30 Naves  with a view towards changing them into houses after 4 years under the rules of Antiquity - and when the land was incorporated into the urban area of the Town  / Village  -  but unfortunately it all went belly up before this could happen.

[Saffi]

It is because Sheriff´s build began in reality and on paper before everything changed.  Today my understanding is that you need a minimum of 30000m2 of dry rustic land or 10000m2 of irrigated rustic land to build anything and permissions must be obtained from the Junta, in reality it does not really happen anymore as they are very much against individual dwellings on rustic land.

You can become part of an urbanisation with any m2 of land provided it meets the minimum requirements of m2 of build relative to m2 of plot so your situations may yet be resolved.

Really it is a case of one size does NOT fit all as a lot depends on classification of land, when the property was built, m2 of land and house, the paperwork route used for the property to be built (or rebuilt in the event it was a replacement of a ruin) etc etc

[Eddie]

All the documents above work because of the size of the plot of land at 25000m2 even with the land zoned as rustic. Those of us with smaller plots (2500m2) can have all that paperwork and because the house is on rustic land cannot therefore be deemed legal. This was stated by the barristers at the meeting in Maloan's earlier this year. The law has to change in order for the property to be legal.

[Saffi]

It serves the purpose that an Agent will know the Town Hall is fully aware of the property and happy to sign a document confirming legality, (which can make the Town Hall liable I believe) so that if the buyer´s solicitor asks for another one it will be produced without a problem.

[The Sheriff ILLIA.]

Ok  I'll stick my neck out here - because I think our house is 100 % legal - having every document that Albox Council ever asked for,  in order for them to issue every document I needed to prove legality.

All these documents I now have and they are now past the time limits in Law,  that the Junta could use to declare they should not have been issued in the first place.

This information is based on ours being a Self Build Property  of 340 Sq Mts on a 25,000 Sq Mt Plot which was started in 2002 - before all the latest restrictions were brought into force and the problems came to light.

1.  Proof of Ownership of the Land you wish to build on, ie. documents proving you purchased it off the original owners / or the people listed in the Catastral as the latest owners - and proof you are / or have applied to be listed as the new owners.

2.  Permisson / A licence to build on the land issued by the local council, having supplied to them  Architects Drawings of the property you wish to build.

3. Bolletins  for Water & Electric installations issued by a Spanish Registered Installer.

4. ' Certificate of Solidez ' { New Requirement } From an Architect  to prove when it is finished,  it  was built to his original specifications.

Also if it was built as a Nave as most of the illegal proerties were,  in order to circumvent and bend the building rules which were then in force -

You will need a Certificate of Antiquity to prove it has been built for over 4 years - with no Fines / Denuncias  lodged against it's construction.  

5. Form  N 902 as proof you have applied to have the property registered for the payment of IBI  Local Rates. You don't have to have paid any - just the proof of registration will do - we have just this year received our first demand for payment.

6. Having supplied all the above they should then issue the   ' Certificate of Habitation ' - The only problem being nowadays is the Council have been stopped from issuing these ???

One final paper I had to sign was a declaration saying there were no Fines or Denuncias lodged against the construction -

As the Council or the Junta through the Council,  would have been the people who would have lodged these Fines or Denuncias - I would have thought they would have a record of these without asking me ?????

I don't think I have missed anything -

Finally according to Estate Agents they will want / should want by Law - to see all of the above before they can accept instructions to sell your property  -

In addition they / some are asking for a Certificate of Expidiente  issued by the Local Council  - to prove there are no Fines or Denuncias against the property.

This is not a requirement by Law,  and as it will be out of date the day after it is issued serves no purpose whatsoever -

It is a document the buyer's { If you can remember what one of those looks like  } Solicitor,  should ask for just before completion of the sale - so as to get an up to date version.

[daver]

please, could perhaps some lucky person who has a 100% legal house and land make a list of all the documents, land classifications, catastral requirements etc. etc. that go to make that legality. many thanks daver