Hoe to buy in Lliria- Legal aspects to consider

This is a study made by our architects in respect of an area where there are more than 50 urbanisations “non consolidated”: Lliria

Lliria is one of the most important cities in the rustic areas from Valencia. The municipality of Llíria, with 229.82 km², is one of the largest, in the Valencian Community, and presents a contrasting landscape between a mountainous area that belongs to the first buttresses of the Sierra Calderona and the area of orchard on the left bank of the river Turia.

From an “urbanistic” point of view, Lliria is specially important because, in this area there has been developped a extraordinary number of urbanisations in the past, which has not been completed.

There are more than 50 Urbanisations in Lliria. Some of them:

From these urbanisations, only 6 have been completed and finalised, and the rest are not completed as the urbanisation plan has not been issued.

I.- COMPLETED AND CONSOLIDATED URBANISATIONS:

• Vall de Lliria, Montejarque
• Xelardo,
• Sant Gerard,
• Puchilis
• Verger de S Miguel

With just two points to complete:

• Installation of a collector for sewage to connect with Depuration Plant
• Improvement of electric infrastructure

These improvements will be paid by the owners, but the cost will not be too much.

Properties in  these urbanisations may have certificate of habitation, always that:

• There is an existing Certificate of habitation
• The construction has not any fines for any additional extension or modification of the initial construction,
• and that the meters of construction rights of the plot are not overpassed.

II.- UNCOMPLETED URBANISATIONS:      The rest

On the rest of urbanisations:

• The plan of urbanisation is not created, neither developed. It means that there is not any guaranty from the administration to respect the actual division of the plots. The spirit of the Town Hall is to “respect” the existing divisions, and to “respect” the existing constructions. They have no intention to create damages and affect to current owners with losses of their land or their constructions. But, if a Plan is definitely approved, then, the lines of divisions of the plots will be the one marked in the plan, which can make, or not make, coincidence with the current division and size of the plots, being the owners to be forced to adapt their properties to these divisions.
• Urbanisation infrastructure: Urbanisation elements as: Public lights, pedestrian areas, asphalt, streets, roads, internal sewage connections (from the house to the street), external sewage infrastructure (from the urbanisation to mains), etc, is not done, or not completely done. It means that, in case of an urbanisation plan is approved, this plan will establish the infrastructure that it is needed to complete the urbanisation, and the works to develop will be paid by the owners of the urbanisation proportionally related to the size of their plots or constructions’ size. How, much it can be?. No one knows, because it will depend on a future plan, and the requirements of this plan, which is not existing by the moment.

Although there were some plans of urbanisation (called PAIs), the majority of them are in suspense and not validated by a recent regional law from 2014. So, new ones must be presented as the law changed in 2014.

• Electric and water: There are some connexions of water and electric, but they are really poor. Increase of power of electric up to, at least, 5,75 KW is more than recommendable to guaranty enough provision to the buyers in the future.
• Existing constructions will be forced to:
  • Have an internal connection to sewage (even if there is not mains sewage in the area). It means that the property must have all the pipes and structure to be ready to connect the property to mains sewage when this arrives to the urbanisation.
  • Have a septic tank with total oxidation system.

Following the current normative, it is not possible to build any building in these urbanisations. Probably neither the houses, nor the pools, were built with building license. The consideration of the Town Hall at this respect is that, due to the fact that is an old building, the constructions are legally consolidated by the time, although not fulfilling with normative. So, from a legal point of view, there are not any fines affecting the property currently so,  there are not any actions that the Town Hall can take against this property due to its age.

Also, due this fact, the Town Hall may respect the existing constructions, but they cannot be extended. So, new constructions in the property cannot be built. The Town Hall allows inside reforms on these kind of properties, but not extensions, neither constructions of other buildings like garages, etc.

But, due to the fact that the property is out of normative, the Town Hall will not approve a license to reform essential structural parts from the building like foundations, roof, etc. The Town Hall will admit to “reform” the existing house, and “repairing” the existing structure, but not “remove” from the old parts to install new ones. For example, in the case that there is a “fire”, or inundation which may affect the house on its structure, the Town Hall may not give rights to “rebuild” the property.  So, as conclusion, the Town Hall allows internal reforms to maintain the construction, but not structural reforms from bines, foundations, change of roof, etc.

Consequences of houses considered “out of normative”:

• If the constructions have not been penalised in 15 years, it is not possible to be penalised later, or demolished by the Spanish system. It is legally consolidated by the time.
• Existing constructions are respected in their size, but it is not possible to build a new construction element or even to extend the existing ones.
• Also, due this fact, the Town Hall respects the existing constructions, but cannot be extended. So, new constructions in the property cannot be built.
• The Town Hall allows inside reforms on these kind of properties. But, due to the fact that the property is out of normative, the Town Hall will not approve a license to reform “essential structural parts” from the building like foundations, roof, etc. The Town Hall will admit to “reform” the existing house, and “repairing” the existing structure, but not “remove” from the old parts to install new ones. For example, in the case that there is a “fire”, or inundation which may affect the house on its structure, the Town Hall may not give rights to “rebuild” the property. So, as conclusion, the Town Hall allows internal reforms to maintain the construction, but not structural reforms from bines, foundations, change of roof, etc.
• The property receives the consideration of “out of normative” when it has not been penalised during the 15 years after construction. For this, a certificate from the Town Hall is needed to verify this point. It is called “Certificate of non-Infraction”, and we have already applied for this certificate, but the Tow Hall may take 4-8 weeks average to produce that document.
• The property has not “Certificate of Habitation”. For your information, this is a document issued by the Town Hall where they confirm that the property fulfils with the habitation requirements. This document is also needed to connect water and electricity on the property and to make the changes of the water and electric contracts in your name. This is explained below.

As the property is “out of normative”, then, there is no certification of habitation on this property. In order to obtain this document, it will be necessary to complete the urbanisation works for the whole urbanisation, and legalising the existing houses.

CHANGE OF THE NORMATIVE: POSSIBILITIES TO LEGALISE URBANISATIONS?

Recent normative has been implemented in 2014-2019, which forces owners and Town Halls in Valencia region to “solve” the existing situation of these urbanisations.

Basically, what the law says is that there must be studied carefully which kind of urban infrastructure must be developped in the urbanisation in order to be considered as “complete”.

For example, if it is necessary to make roads bigger, to improve asphal, pedestrian areas, better connection to water and electric, and sewage.

The law says that,  if the houses in the area are improved with the urbanisation works required by normative, they will have the following benefits:

•  The house will be considered a “totally legal” house, so it will not be anymore considered as “out of normative”, so, it will be allowed existing constructions to be rebuilt, structural reforms, etc.
• The property will have the Certificate of Habitation

Obviously, the expenses and the costs of the urbanisation improvements will be paid by the current owners.

So, our recommendation when you are in process to buy a house in Lliria, or in any of the surrounding areas as Olocau, Montroy, Montserrat, Villamarxant, Godella, etc, is to obtain proper legal advice from specialised lawyers in construction.