One of the rules about living on an urbanisation in Spain is that owners adhere to Spanish law with regard to modifications to their villas and the constraints imposed by the community of owners.
We have had many alterations done to properties on this urbanisation and some we know have not had the correct planning permissions.
This could cause severe problems if you wish to sell. The Town Hall is starting to tighten up on these things by insisting that you have a Habitation Certificate when you sell. This involves an architect visiting your property to ensure that it conforms to the original, or you have all the documents to prove that you have made it legal. Should it not conform, then you will have to get your modification made legal at the Town Hall.
This process involves:-
!) Completing the Iria V Planning Application form. This needs to be signed and the modification agreed by any neighbours affected. The form will not be accepted without the correct signatures.
2) This application will be read at the next AGM, and this is only held once per year, usually in February or March. Applications must be submitted by 31st December prior to the AGM.
3) If there is even only 1 objection to this application, it will be refused and the modification can`t be done. It must be pointed out however that if this modification has already been passed for another property on Iria V, then it can´t be refused.
4) You should then go to the Town Hall and submit the plans that you have. They will not accept these plans if you can´t prove that your application was read and passed at an AGM. This is usually a copy of the relevant AGM minutes in Spanish. There will be a charge at the Town Hall for this legalisation, and I am sure that you realise that they do not want to miss any chances of getting some extra cash in.
If you suddenly have to sell and you do not have this approval from Iria V, then you will have to wait until the next AGM to get approval.
If you go ahead and build the modification without approval, and this change has not been done before, there is a chance that it could be rejected at the AGM. If this happens we have no alternative, we have to go legal to have it removed, at your expense.
Should the Town Hall do a check around the urbanisation to see if there are any changes done, they will probably fine you and you will probably have to do all the legal requirements also.
We are not doing all of this to cause problems. We are doing this because it is your responsibility, and yours alone, to ensure you have done everything legally and have the correct paperwork. It takes our time to deal with these applications and we are doing it solely to prevent residents having massive problems later on.
We are in the process of talking to our web designers to see how we can publish all future planning applications on our web site. This will allow people who can´t attend the AGM to see planned modifications that might affect them.
It is important for people to realise that once a particular modification is passed by the community of owners at the AGM, then that modification can be replicated anywhere on the urbanisation..... opposite or right next door to you. You should think before you pass these applications. If only 1 home owner objects, then the modification is rejected.
Please ensure all modifications are made legal.
We have been informed that even the upstairs canopies that have poles sunk into the ground need planning permission, but brick barbeques are fine. It would be best to check with the Town Hall or administrators if you are unsure.
We are not trying to frighten anyone, just trying to make people aware of Spanish rules when they alter the original properties.
Mary Crawford (President)