When I purchased my finca here in Malaga three years ago from the first owner, I presumed that the water well was legal as the house had been constructed by a well known Spanish construction company. I have contacted many of my neighbors and all are under he same impression. I am satisfied that the property is 100% legal as I have all the required permissions and papers in order. The only doubt I have is regarding the well.

The reason I am now investigating the legality of the well is because my Spanish neighbor recently had a visit from the inspector responsible for wells and he has been notified that he must install a meter for his well that was licensed some years ago. He has suggested that the rest of us do not have a license for our wells because if the developer had obtained a license before constructing we would have received a notification regarding the installation of meters.

This year I have heard of various cases of wells running dry due to the water table lowering due to over development. For his very reason the authorities have at long last decided to investigate the legality of all wells in the area. Before I rush in to the main office in Malaga and admit that I may have a well on my finca that is not licensed, does anyone know if it is possible to obtain a well license four years after the property has been constructed and what are the implications regarding fines etc.

Any comments would be greatly appreciated.

donkeyoatay - 28 June 2008 07:16 PM

Before I rush in to the main office in Malaga and admit that I may have a well on my finca that is not licensed, does anyone know if it is possible to obtain a well license four years after the property has been constructed and what are the implications regarding fines etc.

Any comments would be greatly appreciated.

You may well (Sorry) find it better to seek legal advice before rushing into Malaga.

If my intuition is correct the constructor didn`t gain permission for the wells because he didn`t obtain the correct licenses for the construction, you may want to get some legal advice on the permissions you have.

I`m no expert but I thought it was a legal requirement for the constructors to install mains water from the suppliers and not from wells, a legal expert of course would be able to advise.

Some Spanish friends of ours moved into there property in Benagalbon last month after waiting 2 yrs for the council to grant the constructor the correct license for mains water, electricity and gas.

The constructor had already promoted the properties, built them to completion without permission from the council, nobody stopped him and people moved in using the constructors power supplies, only when people tried to connect to suppliers was it found the constructor didn`t have permission, he then went bust.

If I was you I`d make an appoinment sooner than later.

Santi - 28 June 2008 08:02 PM

If my intuition is correct the constructor didn`t gain permission for the wells because he didn`t obtain the correct licenses for the construction, you may want to get some legal advice on the permissions you have.

I`m no expert but I thought it was a legal requirement for the constructors to install mains water from the suppliers and not from wells, a legal expert of course would be able to advise.

Thank you Santi for your reply. I have checked and rechecked that my house does have the correct licenses for the construction. This has been confirmed by the Ayuntamiento. In my case, and in many other finca owners in the area, wells are the only source of water as there is not a town hall supply available as yet. On Monday I intend to speak with the abogado who did the conveyancing for the majority of owners and ask if he checked that well licenses were ever applied for. if not why not!

BTW, according to my “Escritura” my house is classed as a “casa rural”.

donkeyoatay - 28 June 2008 08:28 PM

BTW, according to my “Escritura” my house is classed as a “casa rural”.

Lets hope your not in the part of Spain that banned Rural Builds then.

As for the Council, nearly all the illegal builds in Spain were granted illegal licenses via the councils, checking the council isn`t always a guarantee of legality in Spain, especially rural properties.