An unauthorised extension in Spain is a structure — a veranda, swimming pool, extra storey or even an entire house — built without the required planning permission (building permit) has been built, or that this is not correctly recorded in the land registry and property register. You can usually recognise it by the Note Simple and to compare the land registry details with what is actually on the plot. If the reality differs from the records, then something is wrong — and that could end up costing you dearly as a buyer.
For Belgians and Dutch people buying a property on the Costa Blanca, this is one of the main pitfalls. In this guide from Invest in Spain You will learn how to recognise unauthorised extensions, the risks involved and how to go about legalising them, if necessary.
What constitutes an unauthorised extension in Spain?
In Spain, virtually any building work requires a planning permission from the local council. If building takes place without one licence, or if the constructed building differs from the planning permission granted, this is referred to as a illegal work or outside the planning scheme. Building on agricultural land is a particularly sensitive issue (rustic flooring), where the regulations are much stricter than on building land (urban land). On closer inspection, many charming fincas in the inland areas of the Costa Blanca turn out to have been extended, in part, illegally.
How can you tell if an extension is unauthorised?
The key is always to compare: what’s in the records, and what’s actually on site?
- Compare the Note Simple with reality: Do the number of square metres and the number of storeys match?
- Check it Catastro: The cadastral map shows the registered boundaries of the property. A swimming pool or outbuilding that is not shown on the map is a red flag.
- Apply for an urban planning certificate (planning certificate): In this document, the local authority confirms the town-planning status of the plot.
- Please note the certificate of fitness for habitation (certificate of occupancy): If this is missing, part of the property may not be legally habitable.
Furthermore, an unregistered extension is a classic example of latent defect, with all the legal consequences that entails.
What risks do you face?
An unauthorised extension is not a minor issue. The consequences can be far-reaching:
- Fines and demolition orders: The local authority may impose a fine and, in the worst-case scenario, require the illegal part to be demolished.
- No mortgage: Spanish banks generally only finance the registered value of a property, which means your financing and notarial file complicated.
- Unmarketability: If you try to sell your property, you will face the same checks, which could reduce its value or even make it unsellable.
Can an unauthorised extension be regularised?
This is often the case, but it depends on the region, the type of land and the age of the structure. In many cases, an old, unauthorised structure can still be regularised through a procedure such as the AFO/DAFO certificate (Assimilated Outside the Planning Scheme), whereby the building — provided it is no longer subject to enforcement due to the statute of limitations — is “tolerated” and registered. An architect and a lawyer will assess whether legalisation is feasible and how much it will cost. Factor these costs into your costs before you bid.
How to avoid problems
Before making any purchase, carry out a thorough legal review carry out the work, engage a local architect to verify planning permission and floor areas, and involve a gestor for the administrative processing. That way, you can be sure you’re buying what you think you’re buying.
How we can help you
The team at Invest in Spain, led by property expert and CEO Kenzo Fayot, checks the planning compliance of every property before you make an offer. We compare the property register, the land registry and the actual condition of the property, arrange for any necessary legalisation and guide you through the process right up to the solicitor. Whether you’re looking for a finca in the countryside or a villa on the coast: you’ll be buying with no hidden surprises. Read our comprehensive guide too Buying property in Spain as a Belgian.
Frequently asked questions about unauthorised extensions
How can I tell if a property has an unauthorised extension?
Compare the Nota Simple and the land registry details with the actual physical condition of the property. Discrepancies in floor area, number of storeys or outbuildings may indicate an unauthorised extension. An architect and a lawyer can confirm this definitively.
Can I buy a house with an unauthorised extension?
It is possible, but only with proper guidance. First, find out whether the illegal part can be legalised and at what cost, and adjust your offer accordingly.
Can an unauthorised extension ever become “legal” through the statute of limitations?
In many regions, after a certain period has elapsed, the local authority can no longer demand that the building be demolished. The building then remains, formally speaking, unauthorised, but may be tolerated and registered via an AFO/DAFO procedure.
Can I get a mortgage on an unauthorised extension?
Spanish banks generally only finance the legally registered part of the property. An unregistered extension is not taken into account for the purposes of financing.
Are you unsure about the legal status of a property? Please get in touch with our team and we’ll check the planning status before you pay a single euro.
