Is your Spanish property ready to sell?

 

Selling your Spanish property will be the last thing on your mind when you’re dealing with what we can only imagine was a huge blow of losing your partner of many years. We hope you can take solace in knowing there are support networks for you and of course, once you’ve grieved the loss of your loved one; it will be time to think about moving on.

Purchasing a property abroad should be exciting; the thrill of choosing features and fixtures for your new home and imagining your first night there. However, it's not all fun and games: like many other things nowadays, overseas property transactions can be fraught with pitfalls. One such pitfall to look out for is 'unauthorised building works'. To help you navigate the landmine-laden path that is international property, here are some practical tips to avoid falling victim to illegal extensions.

Home improvements which require planning permission in Spain include the construction of a porch or outside terrace, the conversion of a loft, the installation of a swimming pool and even the alteration of floor plans or buildings that aren't completely enclosed. You might also need permission to drill a well, install solar panels and change your home's exterior colours.

You are not the first person to buy a property in Spain. Many people before you have done seemingly insignificant or pointless things that can have unforeseen consequences for you. You may have left a wall slightly differently, connected electricity to the wrong socket, put up a fence without planning permission, built an extension to your property, changed the windows or installed solar panels. There are many little things which are so easy to do but which the future owners might be prevented from doing because they lack planning permission or are even illegal. This is why it is so important to get everything checked out properly before you start any work on your new property.

 

Checks reveal unauthorised work

A solicitor will make sure all the paperwork is done correctly , match the description of the property with the catastral (land) register and confirm it is all paid up. They will make sure that there are no transfer fees for you to pay on completion of the property, check whether there are any mortgages or loans secured against the property and confirm that there are no restrictions preventing you from buying this particular property.

An aerial photo can confirm or not whether the property has been changed and whether permission should have been obtained. For example, an aerial photo might confirm that there is no longer a wetland on your property, or conversely confirm that there is still a wetland. In either case, it might be wise to err on the side of caution and just get a written acknowledgment from your neighbor that he is aware of the standing wetland.

If an unauthorised building work is detected during a purchaser's survey, this could result in a delay to the purchase completion. The purchaser's surveyor would require to report the potential breach of planning control, and pending approval of retrospective planning permission, the vendor will have a period of time to put this right. This is a rare occurrence and can often result in a sale falling through which in most cases only demonstrates the importance of a survey.

A surprise to vendors

Where no building permit has been obtained for remodelling works, the owner of the property may be liable for an administrative fine or prosecution by the local authority. The LOTUP allows local authorities to penalise builders who do not comply with the law, whereas previously they had no legal power to act. Taking these risks into consideration, potential buyers should enquire about the builders used in relation to this particular finca, and perhaps consult a lawyer specializing in housing rights before signing any paperwork to buy it.

Once permission is obtained, there are further checks to carry out when the property is sold. A legal charge applies when existing notifiable alterations are removed, which often gives rise to additional VAT costs. An inexperienced seller may put the property into the market in this state, which can result in a reduction in value or non-sale of the property.

It can be very hard to tell if a property needs re-planning approval when it comes around to trying to sell the property. It is necessary when the work that has been carried out is far greater than building regulations when they were in place. If you plan on selling your home in London and having recently added a conversion like an extension, loft conversion or conservatory make sure you check with your surveyor.

What you should do

Whether you’re looking to move house or are about to put your Spanish property on the market, having everything in place is super-important. It’s really important to check your perimeter fences and walls are built to the right specifications required by planning laws, too. For example, if you have added a fence or wall higher than 1.8 metres above ground level around your perimeter, you need to make sure this was done with planning permission. Failure to request planning permission for any changes has led many unsuspecting homeowners to hefty fines and even forced them off their land.

If you realise that building work has been completed without applying for the correct licence then the measures that should be taken will depend upon whether it is classed as a major or minor work. The term 'building work' includes both construction and other engineering operations.

 

The entire house needs to be immaculate, not just the rooms you show. This means all the appliances should be clean, walls dusted, carpets vacuumed, polished surfaces dusted or wiped down, and all dirty laundry needs to be removed from bedrooms. To make sure your house looks its best for an open home request a scheduled visit from a professional cleaner prior to the day of the open house.