How to legalize a house

When one signs the purchase of a house, it is assumed that one acquires a house with all its previous documents, among them the occupancy license. There are many cases in which properties have been sold without this permission, or a house has been deeded without a first occupancy license. In this post, we inform you in detail about the sale and purchase without license.

At present, the license of first occupation is fundamental for the sale and the effective purchase of a house, without it, it is possible to proceed to the nullity of the sale and purchase. So, is it possible to sell a house without a license of first occupation? No, it is not. When a house is sold without it, it is usually because of an irregular situation regarding its urban planning. Whether we are talking about a license of first occupation in any Autonomous Community, as a buyer you can end up finding yourself in the situation that you cannot build or inhabit the property you have bought.

The law defends the buyer in this case, so that, the lack of first occupancy license cancels the contract of sale of a property, because it means the failure to deliver the property when the permit will not be granted within a reasonable period, you can claim through lawyers and the seller will be obliged to return the entire amount paid, as well as court costs and mortgage expenses.

What happens if I don’t have a building permit?

When you do a work without a license you can receive a complaint from your City Hall. The fine for doing work without a license can range from 600 € to 6,000 €, although it depends on the municipal legislation on urban infractions.

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What happens if a house is not licensed?

The most important thing about the value of an unlicensed home. Legalizing a property can recover more than 50% of its value. An illegal house cannot be mortgaged and the chances of selling it plummet. It is also not possible to apply for electricity or water.

What is the fine for not requesting a building permit?

If a minor infraction has been committed, it will range from €600 to €6,000. If the infringement is considered serious, a fine of between €6,001 and €60,000 will be charged. If the infringement is considered to be very serious, a fine of between €60,001 and €300,000 is payable.

What happens if I build without a municipal permit

Some examples of minor works are: repairs, coatings, decoration, enclosures (partitions, windows and doors), removal of architectural barriers, installation of heating, sanitation, plumbing and electricity. These are works that do not require a technical project or a large budget. They are also minor works the soundings, prospections, catas, previous works.

If the use is modified, if it affects the structure or the common elements of the building, if it affects the protection against fires, if it is extended in surface, volume or height or if there is an integral rehabilitation, then it is no longer minor work; it would be a major work license.

It must be requested in advance before starting the work, but it does not take much either, since it is quite fast in all the city councils. It is important to take into account that once we have the license of minor work, there will be a time to execute the work. Once this time has elapsed, the minor works license expires unless an extension or postponement is requested.

What happens when you build without a building permit?

Paragraph 1º In the case of construction on unsuitable land or without a prior license, the measure of suspension of construction or demolition shall be imposed immediately, and the public utilities companies shall be requested to suspend the corresponding services if there is no habitation.

When is it mandatory to apply for a building permit?

Works of general or partial restructuring of the building, such as the construction of a staircase or the redistribution of the interior space. – Works of reinforcement of the structure of the building. – Change of use of the building, for example, from commercial premises to dwellings.

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How long does it take to make an illegal house legal?

Therefore, illegal works carried out on land that has the classification of urban land, common undeveloped land prescribe with the passage of the period of four years and illegal works carried out in green areas or open spaces do not prescribe because the time limitation of the time of the …

You can demolish my house

Buying a home is one of the most important decisions consumers make. Deciding where and how to live is an investment of effort and dedication, in which consumers spend much of their free time, visiting and searching among the different options offered by the market.

This type of purchase can generate mistrust among consumers, especially with regard to the payments to be made during construction, the lengthening of delivery times, the stoppage or suspension of the work, as well as the guarantees to be offered by the developers when they deliver the homes. In the following report of the Portal del Consumidor we offer some advice on how to buy with guarantees.

It is important that you keep all this publicity of the housing since the data, characteristics and conditions relative to its construction, location, services and facilities, as well as the conditions of acquisition, use and form of payment that are included in it, are enforceable, although they do not appear later expressly in the contract.

How to legalize a work without a license?

If we have carried out works without a license and we need to legalize them, the first thing we need to know is that in order to legalize works without a license we must apply for a license at the City Hall and pay the corresponding fees, and for this it is an essential requirement that there is a signed and approved Technical Project …

What happens if a house does not have a first occupancy license?

Purchase and sale without a first occupancy license

In the case of having purchased a real estate property without the appropriate license of first occupation, the seller is obliged to return to the buyer all the amount paid for the purchase and sale, as well as the costs of the trial and the expenses derived from the mortgage, if applicable.

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How much is the fine for building without a permit?

The delegation

Prescription of works without a license

The Autonomous Regions are competent to legislate on Urban Planning, Land Management, Land, Activity or Urban Planning. In all of them, a Title or Chapter is dedicated to municipal intervention in building and land use. It is here where the urban planning license and the acts that are subject to it are defined.

The municipalities are given the power to develop in ordinances the processing of urban planning licenses, as well as to define more rigorously the acts subject to license and those not subject to it.

Practically all acts of construction or land use are subject to licensing, however, within our housing, municipal intervention is considerably reduced since in most cases they are conservation works.

It is in these elements (the facades) where the City Councils are competent, as well as having the obligation, to regulate and legislate in order to make towns that are not chaotic, that are pleasant to live in, in short, that are “livable” cities.

By Rachel Robison

Rachel Robison is a blogger who collects information on court filings and notices.