In Spain you can divide homes into three groups

This applies to every type of property, from apartments to houses, fincas, etc.

1) Properties that comply with both the law and the zoning plan

1) Properties that comply with the law but do not comply with the zoning plan

2) Properties that do not comply with the law and the zoning plan

Do you own or are you looking for a home?

Then it is good to know that owners of the second and third group are dependent on others.

Depends on who and what are the risks?

Dependent means that others can make decisions supported by laws and regulations

The municipality (civil servant) and other government institutions with regard to:

  • Whether or not it is allowed to rebuild the house if this is necessary due to fire or storm, for example
  • Not having to demolish part or, in the worst case, the whole house.
  • Whether or not to receive fines for work performed by previous owners.
  • Whether or not to obtain licenses for renovations.
  • Whether or not to renew all kinds of licenses.

The insurance company with regard to:

  • Whether or not to pay out, in particular for major damage, including costs for rebuilding if this is necessary due to damage

The notary with regard to:

  • The sale that may or may not require (or inform the buyer of) all essential documents.

A neighbor in terms of:

  • Unlawfulness that he/she raises with the municipality, for which the municipality is obliged (or is urged) to conduct an investigation

When am I at risk?

  • If the house does not have all the documents, and there are quite a few.
  • If documents are invalid or expired.
  • If documents have been obtained illegally, for example to sell the house.
  • If the house does not comply with the law and the current zoning plan. Those are two different things!

How do I find out whether the house falls into the 1st or 2nd group?

  • Have it checked whether all the documents for the house are present, and as mentioned, there are quite a few.
  • Have it checked whether the documents are lawful and whether the house complies with the law AND the current zoning plan. This is only possible through proper due diligence carried out by specialists in so-called urbanismo (spatial planning). If there are irregularities, it must be investigated whether these can be resolved/legalized in order to exclude risks.

The only organization in Spain fully dedicated to checkingindependent research is INJURAD.

www.injurad.com