Typically these properties have been built without a licence or without complying with the parameters of a building licence from a local authority, which has possibly ignored the infringement of planning laws.
These houses have been in limbo between legality and illegality as most were built some years ago, so the deadline has passed for the local government to take action against the illegal construction and uphold urbanisation laws.
Some of these homes currently do not have utilities connected, such as electricity and water; although Andalusía’s regional government has approved the Law (Decree 2/2012) which means that owners can now apply for utilities and register their homes. To achieve this, the property owners must secure a licence for their property, known as an Asimilado a fuera de ordenación – this licence is issued by the local town hall for each relevant property in its municipality that is currently outside the planning laws.
Also with this licence, owners can proceed to contract utilities from the relevant companies supplying electricity and water etc. However, to obtain the licence, every homeowner will have to follow a procedure that currently is not entirely clear and will depend on the different criteria for each local authority.
This procedure will oblige the owner to pay a series of fees to the authorities; the amount depends on the specifications of each building. This is why it is imperative to seek legal advice to negotiate the somewhat complex procedure and where possible to obtain a licence. Where the property has been licenced, it is then necessary to register at the Land Registry with the new dimensions and construction.
The good news is that the Land Registrars are now dealing the legalisation of many defective applications to ensure that the size of the plot is adequate. As the aim is to protect the environment and prevent overbuilding, this is good news for the future of the area.
If you would like De Cotta Law to review the legal situation of your property, please contact their Nerja office for a private
consultation. Nerja Office: Calle Diputación 11, 29780 Nerja
Tel: +34 952 527 014