# Retrospective Planning Permission ?



## pmrita (Jul 24, 2009)

We have viewed a property, the agent did not have of the "legal" documents for it. We looked on the Catastral website and note that the swimming pool is not mentioned. The property is about 5 years old, can this be easily made "legal"
Would this be expensive and would it take long time ? Can anyone suggest where I can read about current Planning Laws in Andalucia

Many thanks


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## xabiaxica (Jun 23, 2009)

pmrita said:


> We have viewed a property, the agent did not have of the "legal" documents for it. We looked on the Catastral website and note that the swimming pool is not mentioned. The property is about 5 years old, can this be easily made "legal"
> Would this be expensive and would it take long time ? Can anyone suggest where I can read about current Planning Laws in Andalucia
> 
> Many thanks


hi

I know of instances where retrospective planning permisson has been granted - & in the past that was often the way things were done - build now & pay a fine & apply for retrospective permission if you're caught

however things have been tightened up considerably & it doesn't always work that way now

you would need to go to the local planning office - there will be local planning regs, regardless of what the communidad or national laws say

IMO don't touch it with a bargepole - unless it's the house of your dreams & you are sure you'll never find another one like it - and it's at a giveaway price

even then I'd insist that all permissions were granted before I bought it (& paid for by the vendor)

in the current climate - there will be hundreds if not thousands more dream homes around - I'd keep looking


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## Alcalaina (Aug 6, 2010)

Don't even put a deposit down until everything is legalised! We were in a similar position when we bought ours, though it was an extra storey rather than a pool. 

Get an independent _abogado_ (one who has nothing whatever to do with the agent or vendor) and insist they register it before the sale can take place. 

Nothing is straightforward with Andalusian property and you could save yourself a lot of hassle.


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## gus-lopez (Jan 4, 2010)

The pool would need an architects project before you can apply for planning. The estate agent should be insisting that it's all legalised before the sale. & anything else that isn't on the escritura like , pump house, pool bar, outside shower / toilet, carports, garages, etc. Evn walls around the pool not incorporated in the s/`pool project would need licence for small works in some areas.


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## Beachcomber (May 10, 2009)

Catastro and Property Registry records often do not coincide. Is the swimming pool mentioned in the nota simple? If so it should be possible to register it with Catastro otherwise being able to regularise the situation rather depends on the municipality in which the property is located and the particular property registrar responsible for registering properties in that area.

In any case this should all be done before you hand over any money.


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## JoCatalunya (Mar 16, 2011)

You do not say if the swimming pool is below ground or above. 

In Catalunya it is possible to get permission more easily for an above ground pool by calling it a Balsa. If the pool could be classed as such it might make it easier, saying that. You will need an Engineers report, an Architects plan, and loads of patience and plenty of dosh to get it registered yourself. 
With this in mind I would suggest you discuss with the agent that the vendor registers the pool/balsa before you agree to buy. Do not be put off by the old, 'there are plenty more buyers in the sea,' there aren't and if they want to sell the house then they may just agree.
Otherwise you could get a gestor to make enquiries for you (again this will cost).


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## pmrita (Jul 24, 2009)

Thank for the replies.

We are trying to find out as much info as possible about the house before even thinking about being interested in it. The pool is a below ground pool. We do not have a copy of the Nota Simple.

Any ideas where I can find information regarding planning permission/ information in Iznajar


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