Can he register his property? Legal advice in Spain

Can he register his property?

Question:
In 2006, we bought a semi-detached house in Albox in Almeria. Our solicitor informed us that the property was fully legal and the Escritura was good. Then we found that the house had never been registered for I.B.I., the real estate tax.  We employed a lawyer to request registration for IBI. We spent thousands of euros on measurements and satellite fixing. Then we were told that there is a Horizontal Divide on the property, which has to be legally removed. We now need a minor building licence to do some small repairs using a builder. I find that I cannot do this as I am still not paying IBI and because I cannot obtain an AFO. Could you possibly shed some light on a way forward?
D.T.S. (Costa Blanca) 

Answer:
Our best suggestion is to contact the Abusos Urbanisticos No Andalucia association. There are tens of thousands of “illegal” homes in Andalusia and this association was formed to defend them. What you need now is a certificate of segregación to establish that your property is legally separate from the main property.  This is for the Land Registry and then to the Property Registry. 

Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at [email protected], or call 952 667 090.

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David Searl

You and the law in spain Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at [email protected], or call 952 667 090.

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