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LEGALIZATION OF CONSTRUCTIONS OR EXTENSIONS: UPDATING DEEDS AND CATASTRO REGISTRATION

It is really common in practice that owners of properties, after acquisition, have made new buildings on their properties, or new extensions.

For example, a pool, a garage, an outside kitchen or toilette, or a second floor. When this happens, it is necessary to legalize these constructions with a two main actions: Updating deeds, and registering the new building in Catastro.

UPDATING DEEDS: You should  update the deeds declaring the new building or the extension. To do this, you have to  provide to your Solicitor the following documents:

  • Building license or “certificado de antigüedad”: You have to obtain de the building license and a certificate from your architect confirming that works are finished and complete. If the construction have been built without building license, then it will be necessary to obtain from an architect a certificate confirming the age of the construction (“certificado de antigüedad”).
  • Approval from the Community of Owners: If your property is in an urbanization or area regulated by a “community of owners” (click here to know more about “community of owners in urbanizations”), then, you will need to get the approval from the rest of the co-owners, or from the administrator of the community. Sometimes, in the regulatory act from the community of owners, it is considered the point to leave the co-owners the freedom to make whatever buildings or extensions as they want in their properties without the approval of the rest of co-owners. This should be checked by your Solicitor.
  • New deeds: Then, your Solicitor will prepare the new deeds at the notary. If you do not understand Spanishm then your Solicitor will be your translator. And, if you are not Spanish resident, then, you need to appoint your Solicitor to be your fiscal representative for this transaction.

Expenses:

  • If no Building license, then, fees from the architect to obtain the “certificado de antigüedad”
  • Notary, Solicitor, and land registry fees
  • Certificate from the Administrator of the community of owners (if the case)
  • Stamp Duty 1,5-2 % depending on the area

DECLARING THE CONSTRUCTION IN CATASTRO FOR COUNCIL TAX PURPOSES: Together with the updating of the deeds, you need to declare the extension/new construction at the Catastro office. The reason of this is because the Council Tax is calculated depending on the “built meters” that you have in the property. So, as much as “built meters” you have, as much as you pay.

So, if you made an extension on the property, and you do not declare in Catastro, you will not be paying the right Council Tax, and then, you may penalized by the administration. Click here to know more about fines and penalties for non-declared constructions in Catastro.

In order to proceed with this declaration, you need to:

  • Architect plans: You need to supply to Catastro plans of the construction
  • Application form to Catastro: You need to fulfill a special application form with a set of documents as per Catastro request
  • Presentation of the documents in the Catastro office

Expenses:

  • Architect plans
  • Solicitor fees to fill the form+preparation of documents+presentation to Catastro office
  • Presentation fee to Catastro

There are so many different probabilities and requirements, depending o WHAT is the size of the landWHERE is the property located (Valencia, Javea, Denia, Moraira, Almería, Alicante, Torrevieja, Quesada, Murcia, Castellón, Granada, Cádiz, Málaga, etc.), with extremely high differences between regions, and even between cities; WHEN these extensions were made (4 years before, 10 years, 20 years), and HOW they were built (without building license, with reform license, etc..), that it is absolutely impossible to give a valid overview over this matter which could serve to affected owners as guide.

In these cases, please be free to consult us, and we will drive you to the proper solution in particular.

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