Public Title Deed for the New Building Declaration

[Olivia]

In 2005 we bought a plot of land with a licence and project to build a 'casa de apero' and was told by the promoter who sold us the land that we could build our property as we so wished so long as it was no more than 100m2.
We built our single storey property in 2007, but not finished internally, and we have never stayed nor lived in this property.
In 2007 we were told of a lawyer who could legalise our property to a vivienda for a fee.
In 2008 The Public Title Deed for the New Building Declartion was successfully registered on the Land Registry and we have been given a copy of the 'Nota Simple' showing a vivienda on our land.
Are we now a fully legalised property and can anything change this fact and can we live in this property when finished.

[Lawbird Lawyer]

Dear Madam,

Not only is your property not legalised, the Regional Government can either opt for any or all three:

1.- Fine you. These fines range from 15,000-50,000€ or even more.
2.- Sentence you to jail for breaking the law.*
3.- Order you to demolish the illegal property at your own expense.

*.- very rarely are people actually jailed although they are sentenced for it.


"Casa de apero" is a Town Hall licence to build the typical countryside tool shed to plough the land which is 3 m2. It is not a house, the name is hugely misleading (faux amies).

Using this licence to build a small shed to store the ploughing tools you have erected a country house breaching planning laws facing any or all three consequences highlighted above.

Foreigners should not follow this path on buying rustic land in Spain as they are taking advantage of a legal loophole which can prove hugely onerous on the long run.

[Lawbird Lawyer]

Further to this subject, I paste some links to newspaper clips on similar stories of illegal rural builds (toolsheds) as a warning to others:


Toolshed beware!

Illegal builder goes to jail

More legal vultures in for a killing

Lawyers in the Dock

Emails condemn ‘dodgy’ law firm

Demolition nightmares

Wrecking ball swings again

Alhaurín el Grande illegal property to be demolished for impact on the landscape


Yours faithfully,
Raymundo Larraín Nesbitt