Regularisation / Housing Legislation

Lawyer for Real Estate Services in Axarquia

Lawyer specialising in regularisation of the legal status of dwellings

It is very common in our geographical area to find scattered dwellings in non-urban areas, which were built without the appropriate municipal licence, or in excess of it. According to estimates by the Junta de Andalucía itself in a recent study, there are more than 200,000 homes and buildings in this situation in Andalusia.

It is also possible that the building itself was built at the time with the appropriate licence, but modifications were made to it afterwards, for example to add an extra storey or a swimming pool.

The truth is that in these cases the owner will always run the risk that the Town Council will initiate a sanctioning procedure and another for the protection of urban planning legality unless, in general, he can demonstrate that the construction or reform itself is more than 6 years old, which would mean that the infringement committed would be time-barred.

But even if this risk does not exist, the truth is that as owners of such a property we will always suffer a series of disadvantages.

Firstly, we will not be able to rent it within the tourism sector. There is an Andalusian Register of Tourist Dwellings, which will deny the registration of any property that does not have an occupancy licence that corresponds to reality, which is the case for this type of dwellings.

Nor will we be able to register basic utilities such as water or electricity, if we do not already have them, as the companies also require this first occupation licence, or equivalent document. Also, if we need to make repairs to a house in this situation, the municipality will not provide us with a licence to do so.

Finally, but perhaps most importantly, our property will lack the value it could have if it were in a fully legal or regular situation. A good property with a swimming pool and sea views, in a quiet and well communicated area, may have a low market value if it does not have all its papers in order. Among other things, current legislation obliges the Notary and Land Registrar to reflect in the documentation relating to the property that it is in a situation of urban planning irregularity.

People interested in buying a home are not looking to buy a problem to solve, but to know that they will not have any problems with their investment. Whether you are looking to buy and want to be sure that you are not buying a problem, or whether you want to sell or rent maximising your profit, it is essential to have an expert lawyer to study the situation of the property and advise you on the matter. And the truth is that the situation of this type of housing can be solved within a reasonable period of time in a large number of cases.

Would you like to make your enquiry online?

Make your consultation online for only 30€.

Montosa Abogado Axarquia (5)

Do you have any questions? Contact me

We know that trust in your lawyer is essential, that is why we leave this form for you to contact us. We will call you as soon as possible.

Scroll to Top
Scroll to Top
× ¿Cómo puedo ayudarte?