Legal or not ?

[merienda]

We're hoping to buy a place in Pollenca town, but it does seem to be a bit of a minefield with all the legal and not so legal building that's been going on. Does anyone have any advice for avoiding potential pitfalls.

 

[Nick]

Got to be to use a recommended local impartial solicitor?

NEVER go solely on what the estate agent tells you, no matter how pleasant or charming they are.

 

[eleanor]

Got to be to use a recommended local impartial solicitor?

NEVER go solely on what the estate agent tells you, no matter how pleasant or charming they are.

I totally agree and if I can give you any advice it would be to be very careful! I would suggest that before going forward you ensure that whatever isn't legal is made legal if at all possible.
Not to do so can cause you many problems in the future which can involve fines or even being made to demolish anything illegal. You will also find there may be potential problems if and when you may decide to sell.

You may be told by the agent that there is no problem or that they will sort it. Please do not fall for this. Do get independent legal advice. Good luck!

 

[cumberland8]

It is quite normal practise to part with the folding stuff as part of the sale ,it also applies when selling , but if you can its best all done on paper.

 

[Sparky]

Merienda hello and welcome to the forum, you may find the link below useful.

Puerto Pollensa, Mallorca (Majorca) - Property Services

 

[cumberland8]

Thanks for editing Sparky, I had visions of being chased all over the Island by marauding Solicitors on horseback next week.

 

[merienda]

Thanks very much for your comments everyone. We got confirmation on the legality side yesterday evening. We now have the Catastro and the Escritura is on it's way.
Given all Mallorcan solicitors are paragons of virtue could anyone risk recommending one (language isn't a problem).

 

[Deanscroft]

Never forget - the agent works for the seller not for you. Make sure your own solicitor checks everything that the agent has told you. Also most important - find your own solicitor and under no circumstances use one recommended by the agent or builder no matter how much money they claim it will save you.

Personally I would only consider buying a well established property. That way there is more chance of it having the proper approvals. Also look carefully at the adjacent land and properties. There might be nice view now but could someone build a block of apartments there next year? An example of this is in the process of construction on the ringroad right now. Taylor Woodrow are putting up a block of apartments within a few metres of the existing block next door and a second development has also commenced at the back. What was a pleasant location will soon be walled in with the only view the ring-road across the front. Beware!!

 

[Sparky]

Thanks for editing Sparky, I had visions of being chased all over the Island by marauding Solicitors on horseback next week.

You are welcome Cumberland8. Maybe see you around the port, you won't get lost in the crowds as there aren't any .

 

[Project]

Hi Merienda
You are definitely on the right track with getting the paperwork from the catastro and the escritura. This at least gives you some idea of the legal size etc of the property. Lets face it though, there are loads of places in pollensa which are not correct/fully legal on their paperwork, but if they have been standing for decades, most of the time the authorities dont make an issue of it and every so often the local council will call an amnesty allowing you to register the present condition of the property. One thing you can be sure of, if the bank gives you a mortgage on the property, they will have done their homework and are satisfied as to the legality of the premises! We once were turned down a mortgage on a house in pollensa due to it being only a garage on the escritura!!
Also the town hall will soon tell you if it has an archivo and if they plan on pulling it down!!
I hope though that you have found a real gem, and wish you every success with your home.
Regards
Paul from Project

 

[merienda]

Update...Despite us being assured the property was fully legal on both viewings it turns out the owner had only declared the 3rd floor to be 1 m2 on the escritura. Am I right in thinking that when we apply for any renovation licences we would then be liable for any of this naughtiness?

Just to be on the safe side we've told the owners that until they register everything then it's a no go....

 

[Deanscroft]

Be aware that in Spain debts move with property i.e if you buy a house or a car etc and there are unpaid taxes or other outstanding debts then the new owner becomes liable for them.

 

[Nick]

"Am I right in thinking that when we apply for any renovation licences we would then be liable for any of this naughtiness?"

As stated above, I'm pretty sure you will be !!

 

[Bracken]

Bracken

We are also thinking of buying in Puerto Pollensa and were looking for some advice. The buildings all seem to show signs of some cracking and paint flacking. Is this normal? Some of the building appear quite new too. Someone did indicate that this was due to the extreme temperatures in summer then the cooler winters. We're not sure if dampness may be the reason and if so whether it is wise to buy if dampness is involved. Looking for all advice you can give us

 

[majprop]

Hi Bracken, It does sound as though you are buying on a private basis i.e not through an estate agent, if this is the case then be very carefull if you are not familiar with building work here in Mallorca, my advice in your case would be to contact an English speaking surveyor who carries public liability insurance, do not be put off by the comments in this post about estate agents in general, there are agents who are most reliable and have the A.P.I. qualification which tells you that they know more about their work than the people who are making these degrading comments. The agents with the API are generally the older ones.

 

[Nick]

"....know more about their work than the people who are making these degrading comments"

Err, excuse me, but who's making degrading comments about estate agents ??

I, along with others, have merely pointed out being careful and always seeking legal advice. There are good and bad estate agents as with every profession.

And remember, the estate agent for 90% of their work is employed by the vendor, not the purchaser. Everyone knows of dodgy planning laws and backhanders in Spain. It's a fact. All we're saying is to keep an open mind with everything and use a registered, impartial solicitor.

 

[pollensa]

All we're saying is to keep an open mind with everything and use a registered, impartial solicitor.

A couple are featured here Solicitors in Pollensa and of course there are several others.

 

[eleanor]

"....know more about their work than the people who are making these degrading comments"

Err, excuse me, but who's making degrading comments about estate agents ??

I, along with others, have merely pointed out being careful and always seeking legal advice. There are good and bad estate agents as with every profession.

And remember, the estate agent for 90% of their work is employed by the vendor, not the purchaser. Everyone knows of dodgy planning laws and backhanders in Spain. It's a fact. All we're saying is to keep an open mind with everything and use a registered, impartial solicitor.

Absolutely agree with you and frankly I can write a book on first hand experiences relating to agents! With or without this 'qualification' be very very careful is the advice I can give. You do NOT need to use an agent, who by the way charge a minimum of 5% commission which is of course added into the price of the property but you DO need to use a good solicitor. Damp is a problem on the island and I again agree that you should use a qualified surveyor. Also be aware that there are other type of companies which will put you in touch with a specific agent as they work on a commission for the introduction.
If you decide to go ahead then there are many things to think about but getting the best advice from the right people should be high on the agenda.

 

[Nick]

Go with the above entry and you should be fine.

Agreed, damp is a problem. In the main the Spanish don't have damp courses or cavity wall insulation like us Brits simply, I'd imagine, as the majority of their weather is dry and sunny.

We bought new from a reputable builder so shouldn't, touch wood! have problems for a good few years.

Another good tip, as mentioned above, is to save any possible monies on an estate agent and invest them in a qualified English speaking surveyor.

Use common sense and you'll be fine. Try and enjoy your purchase process.

 

[Project]

Hi Braken

Yes, I'd agree with you, there are many fairly new buildings which have cracks and flaking paint. Cracks in the facade are normally due to lazy or incorrect building practices, flaky paint on the facade is often a result of a quick job to get the place ready or, lack of maintenance which is especially important on this island.
Unless things have changed in the last year or so, structure carries a ten year guarantee, therefore, in theory, buying within this timeframe and reporting any problems this serious would mean that they would have to be dealt with by the promoter. However from experience with several clients I can tell you that this isn't as easy as it sounds.
Personally if I was looking for an apartment to buy in the port I would buy one which either had been clad in stone panels or had very recently had the exterior of the building renovated, as this is one of the largest expenses you will inccur.
Have fun!
Regards
Paul