Re Selling Property

[kevinb]

Had Abaco magazine in the post the other day, makes interesting reading. It shows problems that arise when owners sell  their house, It states that if you have had any of the following carried out without obtaining planning permission

Built a shed
Enclosed a conservatory by installing windows ( probably covers if you have glazed your porch in and likely covering the galleria)
Built a swimming pool
Paved the patio
Increased the height of walls
Installed solar panels

You have to obtain retrospective planning permission for all items, the problem is the property will not match the catastral register so the sale can't proceed. Apparently the old four year building work amnesty no longer applies and work completed up to 15 years ago can be challenged for legality. I suppose if retrospective planning permission is refused the property will have to have modifications removed to match the original build, the magazine lists actions required depending on the type of work carried out, too long for me to list. It also states that the original first occupancy license expires after 10 years and if expired a new one has to be obtained to allow the house to be sold, the new license is called a licencia de habitabilidad ( bit of a mouthful)

Happy new Year everyone

[Aficionado]

What about if you have bought your property from the original owner who had already carried out some of those examples of works without PP, does the article comment on that situation?

[John H]

I would have thought the liability would then transfer to the current owner, in the UK issues like this would be uncovered at the time of purchase.....in as long as your solicitor/conveyor is on the ball
We have bought houses where issues of building regs and permissions have been uncovered and have had to be resolved before completion ....fail to spot at your cost.

Regards all

John

PS we had a balcony glazed in, the builder, president and administrator all said I did not need a minor works licence as I have required for instance to tile the garden


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[kevinb]

Suppose if you buy a house and the changes are not picked up on its not a problem until you sell it, how the changes are discovered I don't know, perhaps during a bank survey if you have a mortgage ?? Happy New Year  John .

[John H]

And to you Kevin, hope all's well

John


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[Aficionado]

Hi John,

The reason I was asking, and the point of the question really, was that - as I understand it -  these rules have been brought in and applied retrospectively so that something which was not an issue in 2007 now becomes one. It may be reasonable that a current owner who has made illegal changes should be held retrospectively accountable but it cannot be fair or reasonable to impose this on someone who has purchased in good faith according to the rules and regulations at the time.

I think this is something that could do with clarification, if anyone has studied these new rules in depth.

HNY

Michael.

[John H]

I can see your point Michael......seems a bit crazy that you might have to meet a regulation that didn't apply at the time.....bureaucracy gone mad!!

Regards all

John


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[Blue and white stripes]

When we bought in March our solicitor checked the house against the catastral and realised that the jacuzzi and carport were not on and so had been built illegally. The previous owner had to pay to have them put on otherwise it would have become our responsibility and we could have been fined.

[steve watson]

Does this include air con and security grilles or do these not need planning permission  ?

[John H]

From my understanding Steve you only need it for items that extend beyond the walls of your property.....that's how it was explained to me
Therefore air con and grills would be OK
They would obviously have to comply with any rules and regulations set by your community, but that's another issue!!
Regards all

John


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[steve watson]

Ok thanks john