Just bought a property with ruins, laws concerning building a house
Posted: 09 August 2007 11:39 AM  
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Bought a property in the Alpujarra region of the Sierra Neveda in the Natural Park. The land does have an old Ruin on it with a threshing ground next to it. Building new “Cortijo’s” here are very strict but do know that if one has an old ruin one can take the square meter area and use that for a house. My problem is I cant get a straight answer from anyone, even the local authorities dont seem to know what the others are saying or doing.
Anyone here know what the laws are concerning this? I have spoke with a few people here that have built and dealing with the paperwork to get it legal was worse than just getting a lawyer or paying the fines.
Any help would be appreciateed
Thanks

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Posted: 09 August 2007 12:15 PM   [ # 1 ]  
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Hi,

I can’t speak for the Sierra Nevada natural park…but I’m informed that next to us, in the Sierra de las Nieves natural park, building licences allow only one storey construction, and very tightly controlled square meterage.

Does your escritura describe the property in ruins as a “vivienda” or does it say “ruinas”?

DUN MARCHING

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Posted: 09 August 2007 03:28 PM   [ # 2 ]  
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The escritura does not mention the ruins at all. I dont think the previous owner knew about them because they were in an area that was not used. I did have someone from the area who is familiar with ruins of old cortijos and he agreed it was a big house at one time. He also mentioned that I would have to have someone from the Forestal come out to verify it and apply for a “projecto”. Not too sure what that is but Im in the process of finding out more info but like I said, I get one answer from one person then a completely different answer from another. Very frustrating at times.

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Posted: 09 August 2007 03:54 PM   [ # 3 ]  
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OK.  But with the ?n?mero catastral ? you could consult the on-line version and find out what?s registered on the land.  If the building appears in the ?catastro?, then you won?t need a ?proyecto? to legalize what you already have.

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Posted: 09 August 2007 04:24 PM   [ # 4 ]  
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How would I consult the online version? Do you have a link for this?
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Posted: 09 August 2007 04:28 PM   [ # 5 ]  
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https://ovc.catastro.meh.es/CYCBienInmueble/OVCConsultaBI.htm

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Posted: 09 August 2007 04:36 PM   [ # 6 ]  
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Also if you go to the bottom of this page:

http://www.catastro.minhac.es/esp/servicios_destacados1.asp#menu2

and throw the number into the field entitled ?Referencia Catastral? and then hit the ?Enviar consulta? button it should locate the land using Google Earth.  This gives you a bit of confidence that you and the register are referring to the same piece of property.  Obviously you?ll need to have GE installed prior to doing this.

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Posted: 09 August 2007 04:51 PM   [ # 7 ]  
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Thanks so much for you help guys, I appreciate it. Feel as though Ive gotten one step further than I have dealing with the authorities here!!!

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Posted: 10 August 2007 08:44 PM   [ # 8 ]  
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Hi I wondered if you guys could help.  I have just received a council tax bill back dated three years.  My house is illegal built on green land within the natural park boundary.  ?The bill has a castral no. on it and I found my house details using this no. on the site mentioned above.  I also found it on the councils plans a plan of my house although this wasn?t there before.  Does anyone know if this means my house is now considered legal.  Many thanks.

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Posted: 10 August 2007 11:38 PM   [ # 9 ]  
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Carol, which Natural park are you located in??? Are you currently living in it?  Were you fined for the lack of permits?
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Posted: 12 August 2007 08:55 PM   [ # 10 ]  
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Carol

No.  The ?n?mero catastral? refers to the land (parcelas).  Just because a building is represented in the catastro this doesn?t mean that the construction is legal.  But it does mean that the authorities will know about its existence.

How old is the construction that you have and what makes you think that it?s illegal?

Don Carlos

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Posted: 20 August 2007 01:26 PM   [ # 11 ]  
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Hi Carol,

as Don Carlos rightly points out, the age of the property is relevant….if it is more than four years old there may be a solution.

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