# Pool hiccup?



## Navas (Sep 2, 2012)

Our house purchase has hit what I hope will be just a hiccup. Knowing that there is a law forbidding the construction of new permanent swimming pools on rural land in Andalucia, we deliberately only viewed houses that already had one. The house we're in the process of buying has the pool both on the escritura and the cadastral register but there appears to be a problem with the document our lawyer has obtained from the town hall. He is asking the vendor when the pool was constructed to try and sort it out. I've checked out past imagery from Google Earth and it definitely shows in 2007 but not as far back as 2004. Does anyone know when these laws were tightened up and if people have been made to fill in any pools? If the pool construction pre-dates the law, will all be well in the end?


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## davexf (Jan 26, 2009)

Hola 

Normally after six years you are safe depending on the declared land usage (eg not specially protected)

Davexf


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## Navas (Sep 2, 2012)

davexf said:


> Hola
> 
> Normally after six years you are safe depending on the declared land usage (eg not specially protected)
> 
> Davexf


Thank you! As far as I know the land is just ordinary agricultural land. Where would it say if it was protected land?


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## snikpoh (Nov 19, 2007)

davexf said:


> Hola
> 
> Normally after six years you are safe depending on the declared land usage (eg not specially protected)
> 
> Davexf


We've just been told (Wednesday of this week) that it's now 20 years - maybe it's a regional thing?


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## Navas (Sep 2, 2012)

snikpoh said:


> We've just been told (Wednesday of this week) that it's now 20 years - maybe it's a regional thing?


That's worrying! I do hope it is a regional thing. I know it hasn't been there 20 years because it was put in by the current owner who has been there for 13 years. What would they do if it hadn't been there that long?


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## snikpoh (Nov 19, 2007)

Navas said:


> That's worrying! I do hope it is a regional thing. I know it hasn't been there 20 years because it was put in by the current owner who has been there for 13 years. What would they do if it hadn't been there that long?


Worst case scenario is that they fine you and force you to fill it in. Failing that they will have it filled in and charge you.

Having said that, I've read of people with this demolition order hanging over the,m but nothing's been done - ISTR that this order expires at some point.


I'm sure there are better and more legal houses out there, or, let's hope your lawyer can get it legalised (at the vendors expense).


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## Pazcat (Mar 24, 2010)

It's definitely a regional thing so I can't speak for Andalucia but in the Valencia region they introduced a thing called LOTUP which came into affect as we were conveyancing one house.
Basically it meant that the non declared pool which before if it was built longer than 4 years ago it was able to be regularized but as the changed just happened it now means any building has to be older than 15 years.

Turned out it wasn't a problem and could of been regularized but this was on urban land and there were bigger issues with the land anyway.

This link, if it is allowed explains a little about both Valencia LOTUP and Andalucia LOUA laws.
Spanish "land grabs" soon to be a thing of the past? | Solicitors in Spain


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## Navas (Sep 2, 2012)

Thanks for that link, Pazcat. It looks to me like it can be legalised and that with an application for retrospective planning permission all could be OK. Fingers firmly crossed.


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## Megsmum (Sep 9, 2012)

Fingers well crossed for you xx
You know who I am LOL


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## Navas (Sep 2, 2012)

Megsmum said:


> Fingers well crossed for you xx
> You know who I am LOL


Thanks 'Megsmum'! There's no hiding from me. 
xx


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## Megsmum (Sep 9, 2012)

I'm with dad at the moment. Just outside Bourne Lincs


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## Navas (Sep 2, 2012)

We passed through Lincolnshire yesterday.


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