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can anyone help with who and how I register my underbuild

PostPosted: Tue Sep 06, 2022 8:01 pm
by Shirleybrown
I have already had a local builder do a underbuild for me stupidly not knowing the Spanish regulations. The underbuild has been registered with our community. Can anyone help me as to getting the paperwork etc in order. TIA

Re: can anyone help with who and how I register my underbuil

PostPosted: Wed Sep 07, 2022 7:18 am
by Darro
I presume you mean that you did not or do not have planning permission?

If so I'm astonished that your community allowed the work to take place. Have others done underbuilds, did you speak to them about it before starting digging?

You need to go to your town hall and see what they say, worst case they could refuse permission and order you to fill it back in, and fine you for the privilege!

You need to get this sorted as if not legal it could significantly affect any future sale of the property.

Please say it was done according to Spanish building regulations and not by some local unregistered "English" builder.

Re: can anyone help with who and how I register my underbuil

PostPosted: Wed Sep 07, 2022 11:32 am
by Paul58
Shirleybrown wrote:I have already had a local builder do a underbuild for me stupidly not knowing the Spanish regulations. The underbuild has been registered with our community. Can anyone help me as to getting the paperwork etc in order. TIA



You'll need architectural plans. Did you have any drawn up for your builder? You'll probably also need costings & receipts for materials & labour in order to apply for a retrospect major works licence, if you can.

If the work was completed over a certain number of years ago you could employ an architect to help to legalise the work.
https://www.spanishsolutions.net/blog/property-in-spain/new-laws-on-building-reforms/

https://rightcasa.com/getting-planning-permission-in-spain-and-how-to-apply-for-it/

https://theleader.info/2019/03/01/five-common-situations-in-spain-that-can-only-be-resolved-retrospectively/

Re: can anyone help with who and how I register my underbuil

PostPosted: Wed Sep 07, 2022 12:27 pm
by DTR
Try SGM Abogados in Benijófar. They will be able to arrange this for you. I used them for my extension and they took care of all the paperwork.

Re: can anyone help with who and how I register my underbuil

PostPosted: Wed Sep 07, 2022 1:35 pm
by Sylwina
Darro wrote:I presume you mean that you did not or do not have planning permission?

If so I'm astonished that your community allowed the work to take place. Have others done underbuilds, did you speak to them about it before starting digging?

You need to go to your town hall and see what they say, worst case they could refuse permission and order you to fill it back in, and fine you for the privilege!

You need to get this sorted as if not legal it could significantly affect any future sale of the property.

Please say it was done according to Spanish building regulations and not by some local unregistered "English" builder.


Shirleybrown came here for advice and not a censorious lecture!

Re: can anyone help with who and how I register my underbuil

PostPosted: Wed Sep 07, 2022 2:48 pm
by Archie Fox T
:text-goodpost:

Re: can anyone help with who and how I register my underbuil

PostPosted: Wed Sep 07, 2022 3:55 pm
by Anniep
You will need retrospective consent, plus your plot size will govern how many rooms can be in a property, plus if legalised it will have to be included on your deeds

Re: can anyone help with who and how I register my underbuil

PostPosted: Wed Sep 07, 2022 3:58 pm
by marianna13
Good, informative article around this in current edition of QFocus magazine (September 22).

Re: can anyone help with who and how I register my underbuil

PostPosted: Wed Sep 07, 2022 7:57 pm
by Darro
Sylwina wrote:Shirleybrown came here for advice and not a censorious lecture!
I'm sure she can speak for herself.