# Unregistered properties



## Snorkling1 (May 30, 2014)

Could anyone please give us some information on a property that is not registered with the land registry or equivalent in Spain, but apparently the taxes are now being paid but apparently will never be registered. Ant info would be much appreciated.


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## jojo (Sep 20, 2007)

Snorkling1 said:


> Could anyone please give us some information on a property that is not registered with the land registry or equivalent in Spain, but apparently the taxes are now being paid but apparently will never be registered. Ant info would be much appreciated.


I dont know the details of house buying in Spain, but I do know that if theres anything at all "dodgy" or doesnt seem right, then back away. This is how these demolitions we hear about happen. 

I'm sure someone on here will be able to explain it all to you tho

Jo xxx


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## Maureen47 (Mar 27, 2014)

We had this recently when trying to buy , you can check the land registry to see if the house shows up on the land but there needs to be 2 registrations and 2 lots taxes paid , one for the land and one for the house . Quite often apparently the land is registered but the house is not but is 'tolerated' in the words of our lawyer as the local council is getting a tax payment on it. For resale it becomes a problem. I am only sharing our experience but having had this experience I would only purchase with the advice of a good lawyer who checks everything out for you. Lots of rural properties fall into this category even those being sold by the banks who really should not take deposits on illegal houses never mind sell them on. Registration could be possible I understand for some of these properties but that would involve time and cost. The other thing worth checking is making sure there has been no further building on the plot as there is a percentage of the land that you are allowed to build on and many folks buy a property and then have further buildings on the land that become illegal , there is lots of good info on the forum and online on this matter but thought it worth sharing our recent experience , fortunately we have a good lawyer and were saved from going down this route.


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## Pesky Wesky (May 10, 2009)

I don't know if this is a house you are thinking of buying, but with so many houses on sale in Spain, and at vastly reduced prices, there's really no reason to buy one that has a difficult history.


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## zenkarma (Feb 15, 2013)

If it's not registered then it technically doesn't exist and theoretically cannot be legally sold and could potentially be subject to demolition without recourse.

I wouldn't pay too much attention to the fact that taxes are being paid on any property-that won't turn it from being illegal to a legal one.

These type problems happen because of the way the responsibilities for land zoning and building permits are divided between central, regional and local government. Whilst local town hall politicians might be happy to approve building permits on what they consider to be urban zoned land and charge the appropriate taxes the regional government might consider those same properties to have been illegally built on agricultural zoned land. Unfortunately (for those people who unknowingly buy these properties) the regional governments tend to take precedence over the local town halls and demolish illegally built properties with little to no recourse for the unfortunate owners.

The English language papers published in Spain are littered with examples of precisely this kind of problem.

The advice Jo has offered you with regards to walking away from any property that even remotely smells of illegality is extremely wise and sound advice.


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## gus-lopez (Jan 4, 2010)

"If it's not registered then it technically doesn't exist and theoretically cannot be legally sold and could potentially be subject to demolition without recourse."

Yes & no. Some , like mine have been built legally in excess of 100 years. These should not be confused with more recent builds where they were attempting to use the " 4+ years & it's legal" route. The problem of paperwork only arises if it has to be sold out of the family. My property never had an escritura until 1999/2000. It was always , & still is , a registered finca complete with registration numbers & showing the land in production/non-productive/& 'other' .'Other' is the house & outbuildings which are all shown on the finca registration or any OS map or Sig-Pac/Goolzoom etc.
When my neighbours mum sold it an escritura was drawn up without any problem & the following year when I bought it there wasn't any problems.


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## zenkarma (Feb 15, 2013)

gus-lopez said:


> Yes & no.


Gus, you make an important point and distinction between illegal properties due (in the most part) corrupt town hall officials and properties that may not necessarily have all the necessary paperwork in place due to the simple reason that they've been owned by generations of the same family for many years. 

In the latter example, legality should be able to be obtained by a reasonably competent lawyer. In the former, it would not be possible due to the reasons I gave in my post. 

Given the OP has stated that registration (legality) would not be able to obtained, it's reasonable to assume I think he's referring to the former example. However without further information it's impossible to know.

All this just goes to further reinforce what a minefield buying Spanish property still is and that _Caveat Emptor_ is as applicable now as it's always been.


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## Snorkling1 (May 30, 2014)

Thanks for all the replies. We have been informed that a lawyer fought demolition 4 years ago and that although the property will never be registered, the order was suspended and taxes are being paid. The word suspended is now the query and the selling agent has stated that they would have to demolish over 7500 properties if they pursued this. We are heading to Alicante area next week and will be looking further into this. Thanks again all.


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## davexf (Jan 26, 2009)

Hola

If there was (past tense) a demolition order - I wouldn´t touch it with a barge pole unless you can afford to throw the money away. There are illegal properties that are "tolerated" and may or may not become legal. However there is a cost to legalisation - could be 30,000€ so that needs factoring in. 

Davexf


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## Madliz (Feb 4, 2011)

Snorkling1 said:


> Thanks for all the replies. We have been informed that a lawyer fought demolition 4 years ago and that although the property will never be registered, the order was suspended and taxes are being paid. The word suspended is now the query and the selling agent has stated that they would have to demolish over 7500 properties if they pursued this. We are heading to Alicante area next week and will be looking further into this. Thanks again all.


The selling agent has everything to gain from you buying this property and nothing to lose. Lawyers likewise. Would you seriously contemplate putting your money into a property that may, at any moment, be demolished? It strikes me as utter lunacy. This is what just one property website (idealista) has on offer today: "1.515.731 anuncios, 9.230 nuevos ayer" so surely you could find a less problematic property than this one? Much is written about illegal properties but they actually represent a tiny minority and usually in particular areas (near the coast and popular with foreigners). The unscrupulous have had a seemingly ready supply of innocent buyers who do not speak the language and are ripe for swindling. Walk away!

I currently have my property on the market. I have all the correct paperwork in the house ready for inspection by any prospective buyer - licenses, plans, energy certificate, deeds and so on. I have nothing to hide. Find someone with a legal house to sell!


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## Pazcat (Mar 24, 2010)

I agree with much of what has been said above. Don't spend anymore time or money on this place, it screams dodgy and there is a good chance you are being fed a line from the lawyers.

Instead of looking further into it come to Alicante and have a look around for something else, there are thousands of properties that you won't get burnt on.


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