There are many that would have you believe that Spanish planning laws are a free-for-all of ‘land grabs’ and demolitions. But careful consideration of the regional and national planning laws in Spain with the assistance of an experienced and independent Spanish property lawyer can help you avoid disappointment.
Designing and building a property in Spain
It is essential to have the relevant planning permissions in place before you embark on any building works in Spain. Those who build properties in Spain without the correct planning permission can be ordered to pay fines or, in the worst possible scenario, be ordered to demolish their property at their own cost.
If you are planning to design and build your own property in Spain then it is imperative to seek independent legal advice at an early stage. Be certain before you commit to purchasing a plot of land that you will get planning permission to develop the property that you envisage.
An experienced and independent Spanish property lawyer will be able to guide you through the complex maze of regional planning laws applicable to your property and also recommend architects and engineers to help you bring your project to fruition.
Planning disputes in Spain
Often planning disputes and boundary issues in Spain occur where there has been a historic breach of planning rules or building regulations. Where it has not been possible to pre-empt a dispute with regards to boundary, access or planning before your purchase, it may still be possible to minimise the effects with good quality independent legal advice.
An independent Spanish property lawyer can navigate the planning rules on your behalf to unwind problems that have been inherited upon purchase or to obtain retrospective planning permission on your behalf.
Planning issues with rural properties in Spain
Planning rules in Spain vary from province to province, leaving many non-Spanish speakers and non-nationals to wade through confusing bureaucracy and red tape. Not taking the correct course of action at the pre-planning stage can see the development of your rural Spanish property escalate into a costly nightmare.
It is also true that when purchasing rural property in Spain one must be especially careful to ensure that the planning status of the property is clear from the outset, particularly if you plan to refurbish or develop a rural property. Failure to identify a planning restriction could mean that any development you carry out is unlawful.
An independent Spanish lawyer can assist you with identifying planning restrictions and issues in relation to property in Spain before you are committed to the purchase.
For more information about planning issues with rural properties in Spain, please see our video guide to buying rural property in Spain.
You will also find it useful to work through our property purchase checklist when attending viewings.
How we can assist you
Our dedicated Spanish property lawyers based in the UK and Spain have extensive experience in obtaining rural and urban planning permission in Spain for our clients.
E&G Solicitors in Spain is able to act for both builders and property owners with planning applications and planning disputes. We are able to offer support and guidance on the consequences of breaching planning rules or building regulations. If you find yourself in a situation where damage has been caused to your property by the local authority because they have unlawfully granted planning permission to you, or to a previous owner, then we can also assist in minimising the impact of any breach.
Our hands-on knowledge of Spain’s regional and national property laws and regulations allows us to guide you through the planning process in a stress-free environment, while ensuring your newly developed home is safe, secure and above all lawful.
What to do next
If you are considering buying a property in Spain for development, or if you have plans to develop a property you already own, contact us for a free initial consultation. You can contact us by email at info@solicitorsinspain.com, by telephone on 020 3478 1420 or by completing our contact form.
