Is Your Spanish Property Legal? Here’s How You Can Find Out!

It sounds like a strange question: Is my Spanish property legal? Surely a property can't be built and then sold without being legally valid? Actually, you’d be surprised! This has become a real problem in Spain, with illegal properties being sold to unsuspecting buyers who are then responsible for the legal ramifications of their new purchase.

For this reason, it is highly recommended that before you invest in any property in Spain, you check that it is legal. And don’t just take the buyers (or even your estate agents) word for it! We’re not saying they would knowingly dupe you: that certainly isn’t something that we would do to our clients. But they may not even be aware themselves that the property or part of the property was built somewhere it shouldn't have been or that it has an illegal extension.

So what can you do? Check, check and check again! Here’s how:

How To Find Out If Your Spanish Property Is Legal?

Finding out if your Spanish property is legal or not is straightforward, but you will have to be proactive. Visit the Urban Planning Department of the Town Hall in the area where your property is located. This is where your property is registered.

As to see the certificate of non-existence of urban planning infringement (certificado de inexistencia de infracción urbanística), a document that guarantees the legality of the work of a property and certifies that the property does not have any open file for urban planning infringement.

Because your in Spain, and all bureaucratic processes will require paperwork, you’ll be asked to complete an application form and submit other basic documentation  such as a location plan, a photocopy of the latest Real Estate Tax receipt/Cadastral Certification of the building in question and proof of payment of the corresponding fee.

The fee payable varies from town hall to town hall. Once your request has been submitted, your certificate should arrive within 15 days.

Want To Be Doubly Sure?

The certificate of non-existence of urban planning infringement is the very best route to take to ensure your property, as well as any extensions or subsequent work, are legal and above board. But if you want to be doubly sure you can also apply for a licencia de primera ocupación (licence for first occupation), also known as the cédula de habitabilidad or habitability certificate in some cases.

This will detail when your property was first constructed, and is a license of legality that is issued at the point of first habitation. Often this is included and stored with the property deeds: in the case of very old properties this certificate might not exist, because they may not have been issued at the time.

The good news is you don’t have to be the home owner to request this form. If you are looking into a property to decide whether or not you want to purchase it, you can request this document from your Town Hall. You can also check the information in the Land Registry.

Are There Warning Signs That A Property Isn’t Legal?

To save yourself the time and hassle of applying for paperwork for every property you look at, there are warning signs to bear in mind when looking around a new property. Does the layout of the property match the description on the deeds? Is there an extra room or bedroom in an usually place that doesn’t seem like a natural fit? Chances are this was added at a later date, and you’ll need to check that it’s legal. Be wary, and don’t be afriad to ask, and to do the research before you commit to buy anything.

Can Illegal Properties Be Legalised?

Not always, but there is a change that your illegal Spanish property can be legalised. This is the ideal solution if you’ve invested in a property without realising that it had an illegal extension or was built on land where it shouldn’t be.

If for example your property doesn’t have a licencia de primera ocupación for some reason, or it has an extra extension not mentioned on the deeds, there could be a way to legalise it, depending on what the issue is. But this can be expensive, so don’t make this your first option! This is a solution for a mistake made: but it’s better not to make the mistake in the first place. Take the extra steps and make sure your Spanish property is legal before you invest.

Are you thinking of moving to Spain? Looking to escape the cold and rainy weather in the UK and make an escape to the sun? Then why not get in touch with our local property experts, who are perfectly placed to help you buy the Spanish home of your dreams. We’re excited to help you make your next move your best move!