TLA lawyers have been for more than 15 years dealing with transactions and cases of properties in rustic land areas in all the Spanish territory. From Catalonia (Tarragona and Barcelona), Valencia Region (Castellón, Valencia and Alicante – Costa Blanca), Mallorca & Ibiza, Murcia, Almeria (Almanzora Valley), and Malaga.
As result of our wide experience, and the acknowledege of different regional normatives, we have prepared some of the aspects to consider when buying/selling properties in both, urban, and rustic land (countryside), with special considerations to the problems that we recommend you to avoid when buying properties in Spain.
So, please, be kindly invited to find below some of the common problems which may affect the legal consideration of properties and constructions in Cala Vedella (also called “Cala Vadella”) – Sant Josep de Sa Talaia – Ibiza-Balearic Islands-Spain:
Currently, the classification of the land in which the property is built is URBAN LAND NON CONSOLIDATED.
The term “non consolidated” means that the urbanisation where the property is placed is not finished in all the necessary infrastructure to be considered as a “completed” urbanisation, as pedestrian areas, asphalt, improvement of water and electric distribution, and others. For this, even it is an old urbanisation, there must be approved a plan to execute the necessary works and infrastructure to be considered as a complete urbanisation.
There was a plan initially projected in 1973 which was not definitely completed. The area and the plan is called “Plan Parcial de Cala Vedella”. TLA lawyers have been informed about the following:
- The urbanisation company, who was the building company with the responsibility to complete the urbanisation infrastructure in the area, did not complete the works.
- Works pending to be completed are:
- More pedestrian areas
- More and better traffic roads and parking space
- There is mains sewage system, but the depuration units have not enough capacity
As result of this, the Town Hall does not accept to carry out the maintenance of the whole urbanisation called “Cala Vedella”. So, till the urbanisation works on the whole urbanisation are complete, the maintenance of the community areas of Cala Vedella must be on account of the owners of the properties there, such as:
- Maintenance of roads
- Cleaning of public areas
- Garbage/residues collection, etc.
Also, as there are urbanisation works not finished at the urbanisation, the Town Hall might require in the future to the owners of the area to pay for them, in order to complete the urbanisation. So, there might be possibilities that this property collaborates in the future with eventual community works in the urbanisation (if requested by the local administration).
Possibilities of building in the area:
Till the urbanisation is complete, and following the current normative, it is not possible to build any building in the area. So, building licenses are in suspense.
And, what about Certificate of Habitation/ Occupation License?
Possibilities to obtain/renovate Certificate of Habitation:
Consulted the Town Hall about the possibilities of renovation they inform the following:
- If there is an existing certificate of habitation, then, it can be renovated.
- Renovation passes from the following process:
- An independent architect must visit the property and generate plans, certificates etc from the constructions.
- With the rest of the documents of the property, to prepare a dossier and present it to the Town Hall and to the Regional Government.
- The Town Hall, once processes the file, sends an inspector to detect if the property is in the same conditions of size as when initially built, or from 1987 (year in which the Town Hall started to have competences to issue the CH). In other words, they check if the property has been extended without the proper license.
So, which are the possibilities to obtain the renovation of the certificate of habitation?. It passes from the point of the house, and the constructions in the plot to be the same as from 1987 (at least).
SOURCE: TLA Lawyers
