# Escritura and pool not mentioned



## jaynethomas (Jun 19, 2013)

Hola
I am in the middle of buying house, in fact tomorrow we sign the escritura (!).

The house is new (well its three years old, but we are buying from the constructor) has a small outdoor pool, and is in an urbanization in small town (ie its not a rural house)

Despite the existence of an area "deportivo" the size and shape of the pool in the catastral, the escritura does not mention the pool. We have brought this up with Gestora, however she says that it does not need to be in the registro de la propiedad. 

Are we right to insist that this is written in the escritura? How can we be sure that permission was obtained (it was added after the construction - the house was a show house). 

Could this delay the sale? or it is simple for the notaire to add this?:fingerscrossed:

Thanks!


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## snikpoh (Nov 19, 2007)

jaynethomas said:


> Hola
> I am in the middle of buying house, in fact tomorrow we sign the escritura (!).
> 
> The house is new (well its three years old, but we are buying from the constructor) has a small outdoor pool, and is in an urbanization in small town (ie its not a rural house)
> ...



If it was me ..... I would insist on it being written into the escritura when it was updated AND I would insist on seeing the permission from the local town hall.

If you don't have permission, then you may well find a fine winging it's way to you plus the possibility of having to fill it in!


If you still want to go ahead with the purchase, then I would suggest retaining some money until all of this has been sorted. You really are in the driving seat in the current climate.


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## villamarre (Oct 19, 2012)

The term caveat emptor-let the buyer beware really does appply in Spain when buying property,all the paperwork needs to be correct at outset or you may have problems in the future,has it got all the habitation licences etc and is it registered for IBI tax.I would seriously check all these before signing as all the assurances in the world are worth nothing if you have problems/difficulties at a later date.We bought an older property 10 years ago and the amount of paperwork you need is mind boggling,but luckily ours was all in order but i have heard from a spanish neighbour that they had problems getting leccy supplied because they didnt have a licence for their well!!!Forewarned is forearmed.Good luck and hope all goes well.


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## Megsmum (Sep 9, 2012)

For us personally, if the permissions are not written down in black and white, we are just walking away, as others have said on here before, there are plenty of legal properties for sale.


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## jaynethomas (Jun 19, 2013)

Thanks for your replies.
We have insisted that they add it to the registro but they do not want to do it, they say that it is not necessary and will only delay the escritura (already delayed by a week). I have checked with the town hall and planning permission was obtained, I will pick up certificate tomorrow. The clerc to the notario seemed to think it wasn't a problem either and we could add it later, but that it would be at our expense of course.
Apart from the price of registering in, is there any other risk if its is not included? How much would registering it cost?


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## Stravinsky (Aug 12, 2007)

jaynethomas said:


> Hola
> I am in the middle of buying house, in fact tomorrow we sign the escritura (!).
> 
> The house is new (well its three years old, but we are buying from the constructor) has a small outdoor pool, and is in an urbanization in small town (ie its not a rural house)
> ...



Did I read this right?
You are using a gestor to advise you on the law of this land? Not a solicitor?


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## jojo (Sep 20, 2007)

There are too many documented cases where the buyers havent bothered - some due to their own solicitors advice and have had some serious issues afterwards. One particular case springs to mind is that of "the Priors" British couple whose house was demolished in Spain launch compensation bid - Telegraph Ok, so they are now able to claim compensation, but it is a warning to all that Spain is very strict when it wants to be and its best to cover ALL issues before you sign

Jo xxx


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## jaynethomas (Jun 19, 2013)

> Did I read this right?
> You are using a gestor to advise you on the law of this land? Not a solicitor?



Is that bad? As we are taking over the mortgage, most checks were done by the bank already. I have 2 days left, do I need a lawyer?


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## xabiaxica (Jun 23, 2009)

jaynethomas said:


> Is that bad? As we are taking over the checks were done by the bank already. I have 2 days left, do I need a lawyer?


I knew someone who had a small bank mortgage on a big property - you'd think the bank would have done the checks.....

but no - when he later wanted to increase his mortgage by just a little bit..... the new bank checks showed that the property wasn't legal - the WHOLE property.....

last I heard they had returned to the UK & were living in a mobile home - couldn't sell the property & had put all their savings into it

an extreme example perhaps.................. but......


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## Stravinsky (Aug 12, 2007)

jaynethomas said:


> Is that bad? As we are taking over the mortgage, most checks were done by the bank already. I have 2 days left, do I need a lawyer?



Would you buy a house in the UK without employing a solicitor. The internet is full of stories of people who were done over because they chose not to use a solicitor to buy a house in Spain. In my personal opinion it is a little daft, bearing in mind the investment you are about to make. Gestors are not legally qualified in the area you are involved in.

Who put you on to the gestor? The estate agent?


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## Stravinsky (Aug 12, 2007)

Let me tell you why I feel this is so important.

When we bought our house in Spain we did the same as you. Because thats what people did back then. When we went to pick up the keys from the builder he told us there was a slight problem.

There was. He hadnt applied for planning permission to build the house, and the five villas where we are were built on 3 plots.

It took me 3 years and €3500 to sort that out with a solicitor and eventually I was fully legal. Wouldnt have happened with my solicitor that I have now

My bad.

Your choice. Your money. But peace of mind means a lot


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## jojo (Sep 20, 2007)

Get a solicitor NOW and the very best you can afford. Spain is notorious for its "illegal" house issues and if anyone is trying to push you, then ask the question why???? Buying a place in Spain is nothing like it is in the UK - its a minefield and very difficult to know who to trust!! 

Jo xxx


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## snikpoh (Nov 19, 2007)

jaynethomas said:


> Thanks for your replies.
> We have insisted that they add it to the registro but they do not want to do it, they say that it is not necessary and will only delay the escritura (already delayed by a week). I have checked with the town hall and planning permission was obtained, I will pick up certificate tomorrow. The clerc to the notario seemed to think it wasn't a problem either and we could add it later, but that it would be at our expense of course.
> Apart from the price of registering in, is there any other risk if its is not included? How much would registering it cost?


I don't understand this. The escritura is NOT normally updated (to reflect the new owners etc.) until after the notary and you physically own the property. If it's all done in one go then there will be no extra cost. That being the case, it won't delay the sale at all.

However, you do need to make absolutely certain that all is legal and above board. 

I would certainly insist on a solicitor to check everything over. Insist that your solicitor gets all the necessary documents from the town hall and architect (if necessary). 

I would still suggest that you retain some money - held by an impartial party if necessary, pending the updated escritura.


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## gus-lopez (Jan 4, 2010)

Up here now most buyers solicitors will insist on everything being added to the escritura before the sale proceeds.
I know someone who had a pool built , all legal, license etc; who now wants to add it to the escritura but find they now need paperwork from the architect , that should have been supplied on completion, but the architect is now in another country !!


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## jaynethomas (Jun 19, 2013)

> I don't understand this. The escritura is NOT normally updated (to reflect the new owners etc.) until after the notary and you physically own the property. If it's all done in one go then there will be no extra cost. That being the case, it won't delay the sale at all.
> 
> However, you do need to make absolutely certain that all is legal and above board.


It seems to be legal, catastral and licencia, but it was never added to the the registro. If it can be added at the time of the escritura, that would be ideal. Otherwise if we add it later, does anyone know what it may cost.

We have had the escritura looked over by a lawyer friend and he sees no problem either.


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## Stravinsky (Aug 12, 2007)

jaynethomas said:


> We have had the escritura looked over by a lawyer friend and he sees no problem either.


Well, it's your choice at the end of the day and advice from people who have "been there, done that" is ignored at your own risk, but history tells its own story on this subject. I trust your lawyer (who I assume is expert in conveyencing law) friend will be with you when you go to the notary. Also, as I said, who recommended the gestor to you


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## xabiaxica (Jun 23, 2009)

Stravinsky said:


> Well, it's your choice at the end of the day and advice from people who have "been there, done that" is ignored at your own risk, but history tells its own story on this subject. I trust your lawyer (*who I assume is expert in conveyencing law*) friend will be with you when you go to the notary. Also, as I said, who recommended the gestor to you


& Spanish law, at that....


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## welshduo (Aug 26, 2012)

We bought our house last year. The previous owner of the property had installed a pool 9 years before but had not had it added to the escitura. This had to be done before we purchased at her cost which I believe was about 2000 euro as she had to employ an architect.


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