buildings insurance registered property

[PatMac]

Hello
I am relatively new to the forum so please bear with me. I am considering buying a property in the Pollensa area but have been told by my lawyer to watch out for properties that are not totally legal. I am looking at a property that has been registered and all fines paid on it but it is still not fully legal. I am worried about the insurance cover. Apparently if the building isn't fully legal and it needs rebuilding for whatever reason then it can't be rebuilt because the government doesn't allow property that isn't fully legal to be rebuilt. does anyone have any knowledge of this situation? Many Thanks Pa
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[fieldings]

Hi

I went through a similar thought process a few years ago. Whilst I am sure your solicitor is correct, the problem is, that the majority of rural properties/fincas have some form of illegality. People do extensions etc without the proper permissions but once they have been in place for (I think) 7 years the authorities cant make you knock them down - bit like the UK. If you are looking for a 100% legal property you may struggle.
I don't now the definitive answer to your insurance question but I cant see why you would not be covered al least for that part of the original building that had been granted proper planning permission. If that were not the case I suspect that not many properties would be insured. I have a historical planning infringement on my property but the insurer still takes 900 euros off me every year based on the as built floor area of the property. Best of luck Barry

 

[Molt de Renou]

I´m no expert, but shouldn´t your solicitor do a due diligence before you put a deposit down ?.

He would need the cataster number ( a series of numbers and letters ) which he/you can find on the net and then go to the property register (registro de la propiedad) in Pollensa town, together with the name of the present owner.

They will then tell you what is right or wrong with said property and if there are any current loans or mortgages.

I am assuming that you are talking about a rustic property. You must make sure that it has enough land included in the deeds to be able to make it legal if it is not so.

Be very careful before putting pen to paper. If not, the insurance will be the least of your problems.

 

[Tomir]

I do think this forum is excellent for general advice but I also do feel that some comments should not be based on what some one thinks!

We have looked into this matter and what fielding has said is correct. We have bought a property which isn't classed as 100% legal. I have excellent insurance which covers literally everything costing me just 340 euros a year. Should the finch blow down then all would be covered! Also my solicitor looked into the non legal bits and extension. As Fielding says 7 years is the save year but 9 to be extra sure as some areas can differ. I have a colleague who has a place in the country which is all totally illegal. He had someone come along and give him a fine for part of it issuing the rest as legal. He then went on to negotiate the fine (which you can do) and paid 4800 euros.
Please do not scare people if you are unsure of the actual situation. A solicitor is always the best person to speak with and take advice and not a forum. With no disrespect to this one!

 

[Molt de Renou]

I agree, that is why my first sentence was to suggest that Patmac should ask his solicitor to do some checking first.

Having said that, I know of a case where a supposedly legal property had been purchased, deeds handed over etc etc, and 2 months later the new owner receiving a demolition order for 30% of the building he had previously purchased.

The reason given was because the cubic meterage of the property exceeded that allowed by the current local government (Consell) byelaws in regards to the square meterage of the property.

To put it bluntly, the estate agency pulled a fast one, the solicitor didn´t do his job properly and the previous owner didn´t like the english, as nor did his neighbour.

 

[Molt de Renou]

Here´s an interesting article regarding the above.

It basically says that paying a fine can sometimes only buy you time and that if, due to the current byelaws ( which get tougher every year ) it is impossible to legalize an extension or part of the house ( even after paying a fine ) the authorities can still demand that it be demolished even AFTER 8 years have passed.

Consecuencias de la realización de obras ilegales - deSalvador Blog

Of course different people will interpret it differently.

 

[Molt de Renou]

And lastly, would you tell the whole truth and nothing but the truth when the time to sell came along, or would Caveat emptor be foremost in mind ?.

If so, then, unfortunately, most people aren´t like you.

 

[Tomir]

I am sorry Molt but I find this and many of your other posts to be trying to cause worry and problems when in reality they are not there. Look at La Font as an example - nearly every property there is known to be illegal. Everyone knows this including the council but they dare not rock any boats. `is there a property under a million in `le `font - `i don't think so.

Please stop this scare mongering and trying to cause upset and distress to many including those who have bought or those that are thinking. A solicitor will do his work properly.

This and so many of your posts are in my opinion trying to get people going. How can you also state that the english were not liked by someone you don't even know? Dangerous words I feel.

 

[Sparky]

As MDR has said himself he is not an expert and neither am i which is why i can't and won't comment on this apart from to advise taking the advice of those who are qualified to do so.

I too am a bit worried about his comments that the English are not liked here, i have never felt that i am not welcome in this community but maybe it's because i accept their traditions and different ways of doing things. As the saying goes "when in Rome.........".

 

[PP76]

We bought a villa in PP earlier this month and made sure (to the best of our knowledge) that the Solicitor checked to make sure everything was 100% legal, we also own an apartment which we have had for the last 14 years and when we purchased it we used the same solicitor. Legal costs are very expensive in Majorca but it is worth paying and making sure everything is checked properly.

 

[Molt de Renou]

As MDR has said himself he is not an expert and neither am i which is why i can't and won't comment on this apart from to advise taking the advice of those who are qualified to do so.

I too am a bit worried about his comments that the English are not liked here, i have never felt that i am not welcome in this community but maybe it's because i accept their traditions and different ways of doing things. As the saying goes "when in Rome.........".

What I actually wrote was :

"the previous owner didn´t like the english, as nor did his neighbour".

NOWHERE did I state that the people mentioned were either Spanish or Mallorquin.

 

[Sparky]

What I actually wrote was :

"the previous owner didn´t like the english, as nor did his neighbour".

NOWHERE did I state that the people mentioned were either Spanish or Mallorquin.

But how do you know this is the case?, i still think it's not wise to suggest that some people will deliberately mislead someone because of their nationality.

 

[lollipop]

A friend of mine has a property with part of it illegal, someone wishes to purchase with a mortgage but the mortgage company will not issue until all legal. The fine has been paid , paperwork coming from the ajuntamente to legalise is slow . I would seek legal help before you do anything.

 

[Tomir]

Very little to do with the property market is 100% legal in Mallorca. How many rent out their apartments knowing that it is illegal to do so without a licence? How many pay the correct taxes? How many have walked to the notary with a bag of black money which is exchanged when the notary left the room? The average was a declared value of 70%
This is just an accepted part of the purchase of property as is the majority of property being not 100% legal. Just another example - our finca is not totally legal yet we have a full mortgage on it. The bank being very aware! They don't care - they just need to know their loan can be realised if necessary.
Advice needs to be taken from those who really know. As I said this forum is good and there can always be a good horror story to be found and told by someone.
The bottom line is to get good advice and make sure you have a good strong carrier bag to hold that money!

 

[Tomir]

Following on from the above. As was the norm a few years back is the use of a strong carrier bag still the case for buying and selling property? The so called declared value being a rough 70% of purchase price?