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 25 Illegal Rural Dwelling - urgent advice needed (Read 37774 times)
santsalvador
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Re: Illegal Rural Dwelling - urgent advice needed
Reply #45 - May 28th, 2010 at 8:06pm
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We went to our local architect last week to see if we needed a cedula, they said yes, every body needs one if you want to sell and to acquire it you need to also get five other items, listed below, the last one is the stumbling block,certificate from the Adjuntament.
We had someone (fluent catalan) go to the land registry and ask the same question, apparently the buck stops with him, he said no, we didn't need one, its all down to the wording of the escritura and how they translate it in Catalan.
Listening round it seems all cases are different, if you remember this was the problem with the CSA in the UK and their blanket law,no one was treated individually and no two cases were alike, eventually it was deemed unsatisfactory and similarly the Cedula law will be found to be just as unsatisfactory and impossible implement, lets hope it doesnt take as long as the CSA law took to change.
So according to the land registry we can sell without a cedula, problem is buyers will not get a mortgage as the bank requires a cedula to get a mortgage,( what are the banks going to do with all these repossessions) also we are told that even if we got a buyer the new buyer would not get an empadromiento issued by town hall without a cedula, this being needed for Cat Salut, residencia (that was another Joke), and numerous other things.
What a crazy situation.
                  Terry.
Has anyone actually gone through this process or are we all assuming that we wont get one.
when we first came over here seven years ago, we were told, "dont bother asking for anything because you wont get permission, so nobody did, they just built, the authorities knew what was going on and closed their eyes to it.
« Last Edit: May 29th, 2010 at 10:49am by »  

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nen
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Re: Illegal Rural Dwelling - urgent advice needed
Reply #46 - May 29th, 2010 at 1:15pm
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Quote:
We went to our local architect last week to see if we needed a cedula, they said yes, every body needs one if you want to sell and to acquire it you need to also get five other items, listed below, the last one is the stumbling block,certificate from the Adjuntament.
We had someone (fluent catalan) go to the land registry and ask the same question, apparently the buck stops with him, he said no, we didn't need one, its all down to the wording of the escritura and how they translate it in Catalan.
Listening round it seems all cases are different, if you remember this was the problem with the CSA in the UK and their blanket law,no one was treated individually and no two cases were alike, eventually it was deemed unsatisfactory and similarly the Cedula law will be found to be just as unsatisfactory and impossible implement, lets hope it doesnt take as long as the CSA law took to change.
So according to the land registry we can sell without a cedula, problem is buyers will not get a mortgage as the bank requires a cedula to get a mortgage,( what are the banks going to do with all these repossessions) also we are told that even if we got a buyer the new buyer would not get an empadromiento issued by town hall without a cedula, this being needed for Cat Salut, residencia (that was another Joke), and numerous other things.
What a crazy situation.
                  Terry.
Has anyone actually gone through this process or are we all assuming that we wont get one.
when we first came over here seven years ago, we were told, "dont bother asking for anything because you wont get permission, so nobody did, they just built, the authorities knew what was going on and closed their eyes to it.

thank you terry for putting this info up Smileyand yes you are right what you say about permission to do things we have 3 houses one legal and 2 that are not (we think) as we have changed the house and land etc.but we have only done as all the locals did and are still doing we havent tryed to get paperwork as we are told we cant get it full stop . Cry
  
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eden
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Re: Illegal Rural Dwelling - urgent advice needed
Reply #47 - Jul 13th, 2010 at 9:25am
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Hi Jools
Has the person that contacted you with the problem in Mora behind the hospital thought about contacing the Homes from Hell Programme.  I know they have been contacted by other people in the vicinity, if they have enought interest shown in that area they may look into it.  The more publicity this problem in Catalan gets it may save someone else from throwing all their hard earned savings away.  At present all publicity about building problems seem to be about Southern Spain, it need to be know that Catalan also has a big problem - mainly due to corrupt officials.
  
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nen
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Re: Illegal Rural Dwelling - urgent advice needed
Reply #48 - Jul 13th, 2010 at 10:26am
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From: "homes@itv.com" <homes@itv.com>View Contact
To:


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Thank you for your interest in Homes From Hell


Thank you for getting in contact with us. We have received a large number of messages and it will therefore take time to reply to everyone.

Please bear with us and we will be in contact with you soon.

Thank you again for your interest.


Kind Regards,


The Homes From Hell Team

ITV Productions


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ITV plc (Registration No. 4967001)
“ITV” is incorporated in England and Wales with its registered office at 200 Grays Inn Road, London WC1X 8HF. 
Please visit the official ITV website at www.itv.com for the latest company news.

The contents of this email
  
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nen
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Re: Illegal Rural Dwelling - urgent advice needed
Reply #49 - Jul 13th, 2010 at 10:31am
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From: "homes@itv.com" <homes@itv.com>View 


--------------------------------------------------------------------------------


Thank you for your interest in Homes From Hell


Thank you for getting in contact with us. We have received a large number of messages and it will therefore take time to reply to everyone.

Please bear with us and we will be in contact with you soon.

Thank you again for your interest.


Kind Regards,


The Homes From Hell Team

ITV Productions


--------------------------------------------------------------------------------


ITV plc (Registration No. 4967001)
“ITV” is incorporated in England and Wales with its registered office at 200 Grays Inn Road, London WC1X 8HF. 
Please visit the official ITV website at www.itv.com for the latest company news.

The contents of this email

i sent a email to them last week about the cedula de habitabilidad problems we have here in tortosa catalunya so maybe they will look into it  Undecided
  
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JamJarChris
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Re: Illegal Rural Dwelling - urgent advice needed
Reply #50 - Jul 13th, 2010 at 2:26pm
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Quick update - our friends that have received their cedula have a vivienda that was built before 1984.

HTH
  

quod ambit, redit
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Greg
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Re: Illegal Rural Dwelling - urgent advice needed
Reply #51 - Jul 13th, 2010 at 5:15pm
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JamJarChris wrote on Jul 13th, 2010 at 2:26pm:
Quick update - our friends that have received their cedula have a vivienda that was built before 1984.

HTH


Thanks for the update merriman, that's great news.  Sorry to keep asking but this is obviously really important for a lot of people desperate to sell.  Would it be possible to ask them a few more details, specifically:

- What town hall do they come under?
- Did they have an original building licence? (rather than just a declaracion de obra nueva)
- When did they apply for the cedula?
- What architect did they use?

AND MOST IMPORTANTLY
- What proof was required by habitatge that the house was built before 1984?  eg confirmation from the municipal architect, a report by another architect, on the catastro before '84

I'd really appreciate if you could find out as much as possible as if 'proof' of the building being there before 1984 was something intangible like an architects report it could mean an end to the problem for a lot of people.  If the proof required is something more definite then it will still be a problem for the vast majority.

Thanks
  
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smitvelu
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Re: Illegal Rural Dwelling - urgent advice needed
Reply #52 - Jan 12th, 2011 at 9:44pm
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I heard through the grapevine that the Spanish family only ever had permission to build an almacen, and that the case was dragged in and out of court for over 3 years, finally having the house demolished.

Surely this should be a warning to anyone thinking of buying a rustic finca in Catalunya now, and no, it's not because I have an estate agency based in Aragon, before anyone jumps in!

Only last week, a man who came out with me to look at property in Aragon 2 years ago called to ask if I could help him because he was in so much trouble.

After me explaining all the problems about building in Catalunya, he bought a finca of 1.5 hectares behind the hospital in Mora d'Ebre for 100k with a part built almacen of approx 200 m2.

A Dutch couple operating illegally as an estate agent/casa rural and building company sold it to him, and said that he could finish the house for another 50k.
   
He paid only 50k on the escritura, the rest in cash, and the building money in cash, because he was told 'this is how we do it in Spain'.

The house isn't finished, the 'builder' wants more to finish it, the buyer has 5000k worth of furniture here in storage because he was told the house would be finished by last Christmas.

My Architect went to Mora d'Ebre town hall with this poor man last week, to ask permission to finish renovating the almacen, because the Dutch guy didn't even do that.

They said that no more permissions will be given out, and all the surrounding chalets/villas/houses on neighbouring properties had the permissions in place before the end of 2008, which seems to be the last time you could build there (I dont know for sure, because we dont touch rustic properties in Catalunya for this reason)

The sad ending to this story is that the man has returned to the UK having lost his life's savings, and not knowing what the next chapter of his life will be, but apparently he is taking them to court for compensation.

He asked if I could sell the land, and at least get something for it, because it has mains water, but other than it being a vegetable garden, what is anyone going to pay for it.

If you frequent the car boot sales you will probably have been approached by this couple offering to sell/buy your property.

How many more people have to go through this heartbreak because of people operating illegally and causing so much misery............that's where the problem lies, they have to tell LIES to sell their properties.

I dont know how these people sleep at night, and if anyone wants their names send me a PM and I will gladly give it to you.

Jools 

  
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Jote
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Re: Illegal Rural Dwelling - urgent advice needed
Reply #53 - Jan 14th, 2011 at 12:43pm
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Hi Smitvelu,
Can't see your massage. Only your copy from Jools.
Can you send it again?
  
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John
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Re: Illegal Rural Dwelling - urgent advice needed
Reply #54 - Jan 27th, 2011 at 2:39pm
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Haven't used them myself but click on the PRICES link and scroll down. This architect clains to be able to get illegal building reclassified as legal...

http://www.skharchitects.com/prices.html

they claim...
"egalisation of property hitherto registered as ‘illegal’. This involves a report produced by the architect and approved by the Catalan College of Architects. It is not always possible to carry out this process. Please contact us if you need to find out more about the legalisation of a property."


I hope this helps somebody. I take NO responsibility for YOUR actions or this companies actions - so do your checking first.

John.
  
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Tezza
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Re: Illegal Rural Dwelling - urgent advice needed
Reply #55 - Feb 13th, 2011 at 8:14pm
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Hi All,
A friend living between Tortosa & El Perrello is in need of some urgent advice.  The position is that - like many expats - she decided to renovate and extend the property on her finca.....without obtaining the proper permissions and licences etc.  Not clever - I know.  We've already done the "I told you so" line. 

Following a visit earlier this year from the Agents Rural, she now finds herself facing a CRIMINAL court case next month, she sought legal advice and was simply told to demolish the building before the court appearance.........??????

If she does not appear in court on the day - she faces imprisonment.  She does not know what to expect, what the fines are likely to be and if prison is a real possible outcome. The woman is understandibly very upset and doesn't what to do.  Is there anyone out there who has gone through a similar situation and could maybe advise her.  I'm not even in the same country so am of little help to her.  She doesn't have any internet access so can't post herself.  If anyone can share any wisdom - please do.  She knows she has done wrong but doesn't know how to approach this pending court case.  She's about to lose the home she's struggled to build for herself but furthermore it looks like she'll be issued with a fine she'll be unable to pay. 

Has anyone out there any experience or knowledge to share?


I have been thinking about your friend, just wondered how things were going and hoping they have turned out for the best!!
  
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furbydoggie
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Re: Illegal Rural Dwelling - urgent advice needed
Reply #56 - Feb 15th, 2011 at 9:40am
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Hi Tezza,
I'm not really sure what the current position is - as far as I know there's been no fallout from the preliminary court case to date - fate hanging in the balance so to speak.  I'll be over there for Semana Santa so hopefully I'll know more after that.  My friend is still living in the finca tho, so they haven't been turfed out yet......

I have to say I'm a bit out of the loop here, has the whole cedula thing died down?  Another friend with an old village house applied last october for a cedula, I'll update on the progress when I get more info. 

Besides I'll have to check with architects about this new ITV for old multi-story houses, I'm still not sure if it's for all houses or only those with more than one residential unit, the numbers to be inspected don't seem to add up if all buildings have to be done.
  
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Tezza
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Re: Illegal Rural Dwelling - urgent advice needed
Reply #57 - Feb 16th, 2011 at 8:52pm
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Glad to hear they are still living in the house, it must be terrible having it hanging over your head like that tho...fingers crossed it gets resolved in their favour and soon.

With regards to the Cedula as far as i can make out if your house was built before 1984 then they are giving them to most people, I have got friends that have aquired their cedula without much hassle and they had exstended ilegally, but I'm no expert and only here bits and pieces.
  
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Debbie
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Re: Illegal Rural Dwelling - urgent advice needed
Reply #58 - Feb 17th, 2011 at 10:38am
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Hi
How long do these cedula's last for i.e is it worth us getting one even we plan to hang on the place for a while?  Or is it better to get one if or when we plan to sell it?
Debbie
  
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hazelnut
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Re: Illegal Rural Dwelling - urgent advice needed
Reply #59 - Feb 17th, 2011 at 10:50am
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I think they last for 15 years!!
  
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