# Fuera de ordenación?



## Pazcat (Mar 24, 2010)

I am awaiting further clarification on this from our lawyer but until I receive it as it could be a while I figured I would ask if anybody has any experience of 'Fuera de ordenación' on their properties and the limitations that it implies.

Basically it means that a structure is not legal but will be tolerated however one cannot then do any major works and increase the size of the structure.
Now this is maybe overlookable for a garage but what I am more concerned about is if it is part of a house.

For instance being too close to a neighbours boundary can render a property with
'Como Fuera de ordenación' but does anyone know of the specifics.
If it is just one room that encroaches on the boundary does the 'Fuera de ordenación' apply to just that one room or the whole house?
I'm guessing the only real solution is to remove the offending room or to overlook it which is probably not an ideal thing to do.

If it just applies to the room that is encroaching then that's not a big deal but if it is applied to the whole house then it's impossible to legally do any extensions.


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## snikpoh (Nov 19, 2007)

Pazcat said:


> I am awaiting further clarification on this from our lawyer but until I receive it as it could be a while I figured I would ask if anybody has any experience of 'Fuera de ordenación' on their properties and the limitations that it implies.
> 
> Basically it means that a structure is not legal but will be tolerated however one cannot then do any major works and increase the size of the structure.
> Now this is maybe overlookable for a garage but what I am more concerned about is if it is part of a house.
> ...



I'm not totally sure that I understand your issue.

Are you saying that you have built an extension recently or that you have inherited this situation ? It could be quite recent and your neighbour has complained - how else would it have come to the notice of the authorities?


As I understand it, once there is any type of infraction, then NO further building work can take place until it is resolved (by time, money or demolition). For example, a friend built a small wall to divide his garden and his drive (just 2 courses high). Because of this, a 'stop-order' was placed on the entire property - he can't even put up a wire fence to stop his dogs leaving his land.


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## Pazcat (Mar 24, 2010)

We are trying not to inherit the situation or if we do what are the consequences of it.

As I mentioned one room on a house we are going through the process with is potentially too close to the neighbours.

So essentially I was wondering if the infraction applies to just that room or the whole house?



> how else would it have come to the notice of the authorities?


They should damn well know about this type of thing, owners should take responsibility for their actions and the authorities need to do a better job in dealing with it.


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## snikpoh (Nov 19, 2007)

Pazcat said:


> We are trying not to inherit the situation or if we do what are the consequences of it.
> 
> As I mentioned one room on a house we are going through the process with is potentially too close to the neighbours.
> 
> ...



I think it will apply to the entire house. The authorities have no way of knowing about it if the previous owners have done the extension illegally.

So, my questions to the solicitors would be; is the property totally legal? If not, what will it cost to be made legal? How can we get the existing owners to do this before we complete the purchase? What else is not legal?


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## Pazcat (Mar 24, 2010)

snikpoh said:


> I think it will apply to the entire house.
> 
> So, my questions to the solicitors would be; is the property totally legal? If not, what will it cost to be made legal? How can we get the existing owners to do this before we complete the purchase? What else is not legal?


It is a path well trodden already. 
The owners are prepared to legalise things(which is amazing in itself) and now this has come up but from what I can tell is there isn't really a solution to this infraction aside from removing the offending room or at least that is one of the things I'd like clarified.


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## snikpoh (Nov 19, 2007)

Pazcat said:


> It is a path well trodden already.
> The owners are prepared to legalise things(which is amazing in itself) and now this has come up but from what I can tell is there isn't really a solution to this infraction aside from removing the offending room or at least that is one of the things I'd like clarified.


Exactly.

So, if that is the only course of action, would you still proceed and would the existing owners pay for this to be done?

Surely it's that simple?


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## Pazcat (Mar 24, 2010)

Well it goes some way to explaining why they were in no rush to get the certificate of urbanisation.
The garage is listed as being in offense, that we know and can possibly deal with but the house isn't listed although it does encroach on the boundary which will no doubt cause an issue later down the track.

I'm a bit fed up to be honest, time and time again there is always a problem.


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## 213979 (Apr 11, 2013)

Pazcat said:


> Well it goes some way to explaining why they were in no rush to get the certificate of urbanisation.
> The garage is listed as being in offense, that we know and can possibly deal with but the house isn't listed although it does encroach on the boundary which will no doubt cause an issue later down the track.
> 
> I'm a bit fed up to be honest, time and time again there is always a problem.


Wait, what? What is the certificate of urbanisation in Spanish? 

Is this a house you are looking at to buy? If so,


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## snikpoh (Nov 19, 2007)

elenetxu said:


> Wait, what? What is the certificate of urbanisation in Spanish?
> 
> Is this a house you are looking at to buy? If so,


Do you think they mean "certificate of habitation"?


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## Pazcat (Mar 24, 2010)

Certificado Urbanistico.
Basically it states that the plot is Urban amongst other things and that there is no infraction on the parcela.

They had to get a certificate of second habitation and that is completely separate document.

This is why you need a lawyer or an expert to help because the amount of vague documents you need is boggling even if you speak Spanish. I have said it before but in this area absolutely nothing is completely legal. Nothing.
Then the regularization process throws up all sorts of things. You can't take the high ground because there is none.
We have been through this crap 3 times now and there is always a problem that is different from the last. 
Maybe ignorance is bliss, seems to work for everybody else. Nobody obviously want the money bad enough.


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## Pazcat (Mar 24, 2010)

Well clarification from the town hall is that one infraction affects the entire property as snikpoh stated. Stupid as it is there are only two solutions.

Ask the town hall for a demolition license to tear it down.
or
Legalize in the town hall the buildings which are on the limit with a legalization project made by an architect.

That second option seems entirely invented. Not that it matters, to me this is the sellers responsibility and not ours and if they wont do that then we are out yet again I guess.
Might invest in a nice holiday home elsewhere instead. Scottish highlands or Crete seem nice.


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