PLEASE READ THIS BEFORE YOU BUY A RUSTIC FINCA ANYWHERE IN CATALUNYA!!!!!!!!!!

In the last couple of weeks, I have heard numerous cases of foreign families being stopped by the authorities, from renovating or building on land in Catalunya.

I live in the Mora d’Ebre, Gandesa, Tortosa triangle, and for many years, foreigners have bought rustic fincas to either reform the house already on it or to build from new. May i also add, that most of this has been done illegally, without permissions, Architects etc etc etc.

It seems that the powers that be, have put their foot down very firmly!

There are actually families who have applied to build almacen’s, and received the written permission, then have been stopped in mid build. An English registered builder here in Spain, has met with the Architects of two families, and been told off the record by both of them, it is because they are not Spanish.

Now, let’s just hold on here!!!!!!!!!!

Of course, you are not going to get a professional person to admit that there is discrimination going on, or, dare i say it, the “R” word….....................racism…................but that sure as hell sounds like it to me.

One UK family who has been stopped in mid build (with permissions) has a large house on a small plot of land, only 300 meters away, and built recently…......................but it is owned by a Spanish family, how can that be?

A group of families are hoping to get together with a Spanish lawyer, who is more than sympathetic to their cause,  but why should they have to fork out more money to pay a Lawyer, when they have done all the right things in the first place?

I think it is about time that the Spanish officialdom get their act together, about just how certain estate agents here, advertise that you can build, renovate and extend houses on fincas…..........................because it never really was true, but the local villages, in most cases closed a blind eye. BUT BEWARE NOW, because as soon as you have a truck of cement delivered, they are there to stop you, and yet, the agents still advertise openly that you can do this.

Even if there is a habitable sized house or ruin on the land, it does not automatically mean that you can renovate or rebuild, PLEASE PLEASE PLEASE, go to the Ajuntament and make enquiries, even if you have to pay someone to translate, it is worth it, rather than buy a property that you will never be allowed to develop…..........and believe me, the number of people in this situation is growing by the day.

Does it seem that Catalunya has had enough of foreigners?

I was asked the other day by a client, ” it’s OK to purchase property, pay the taxes, buy building materials, food, petrol, etc and put money into the local community. It’s wonderful that Spain has had more money from the EU, than any other country, so that it could catch up with the rest of Europe. But it cant get it’s act together in regulating the property sales sector, so that more foreign families dont have to go through this hell”.....................what can you say to that?

All i can say is, if you go out looking at rustic properties, and the agent tells you that you can build, or reform without problems…..............walk away, and save your money.

The only place close to Catalunya where you can legally build on rustic land is Aragon, and who knows, maybe if everybody flocks there, it could also stop.
The lower part of Aragon is called Matarrana, and it is stunningly beautiful, i know of numerous families building family sized homes, and they are registered as “viviendas” (houses) when they are finished, not just an Almacen for machinery. Search on google for finca in Matarrana, and have a look.

Hope this helps, and if anyone would like more information, please just email me.

Regards

Jools

Most foreigners get into difficulties because they are do not take the time trouble and money to get proper legal advice. The escritura (title deed) on the land will specify the maximum M2 that can be built and the town hall and land registry will provide information on the clasification and other details about the land. No you should not trust an agent - just the same as England! He is probably neither qualified or interested in giving you the facts.

Hi Robi,
I know what you mean about agents.
I have to disagree with your comments about escrituras saying how much you can build. I have 2 of them myself, and it doesn’t even mention the stone buildings let alone what meterage you can build. Many of them are as old as the hills, when it probably didn’t matter whether there was a casa on there or not, because nobody counted them, and foreigners didn’t want to come here and build what they wanted, and as for the ajuntaments being able to tell you the rules and regulations, it’s a joke.
This happens probably more, in the small rural villages, but it is very worrying, especially now that inland properties are becoming more and more popular, because of the prices on the coast.

I just cant believe that people have got permission in writing and are now being stopped from building. I dont mean the people who just build what they want without asking, in my opinion they deserve what they get. As far as the local administration is concerned it appears that the right hand doesn’t know what the left is doing, and people’s life savings depend on these descisions.

Regards

Jools

You’re right Jools, there’s a lot of nasty corruption going on in the building, construction and real estate markets in Spain. Don’t know if you heard about the incidents in Marbella and Valencia, but thousands of people lost their homes in Marbella and now there’s a big EU High Court case for property owners in Valencia. Search Google News news.google.com

As for “racism”... I’m not sure if it’s racism or just protectionism. Spanish authorities see all the foreigners with money coming in and grabbing all the good land before the Spaniards can afford to, perhaps it has something to do with that. I don’t want to sound unsympathetic, but I see both sides of the fight here. In the end it’s just corruption.

Jools,

You seem to mixing various themes in your rant: I will try deal with them one by one on a reasonable basis:

1) Since May 2005, only registered farmers can build or renovate property on Rustic Land.
2) Special permission is required to build or renovate residential property on Rural land from the Regional Planning Committee.
3) The local council can give permission for the construction of agricultural buildings (Almacenes) in certain circumstances.
4) Almacenes may not be used for residential use.
5) Foreigners who do not have working knowledge of the local languages are always at a disadvantage outside their own country.
6) Never ever trust an Estate agent to give objective advice.

For example, here is a typical scenario:

Foreign Buyer reads UK newspaper article on the latest spanish property hotspot.

Foreign Buyer go on 7 day “Fact Finding” trip which includes several large lunches, and a meeting with locally resident but equally foreign Estate Agent/Property Dealer

Foreign Buyer shown various ruined properties in picturesque olive groves.

Foreign Buyer assured by Estate Agent that rebuild of ruin + 150m2 house extension + pool is no problem.

Foreign Buyer buys olive grove with 75 m2 ruin.

Foreign Buyer hands over cash to estate agent to cover costs of planning application.

Foreign Buyer hands over more cash when told that they must register as farmers.

Foreign Buyer obtains building licence for 300m2 non-residential agricultural building.

Foreign Buyer recruits locally resident but equally Foreign Builder to build Almacen.

Local Council stops construction of Almacen when solar panels, sliding doors, bathrooms, and pool are being installed.

Catalan neighbour renovates and extends adjacent ruin, builds pool and plants vineyard without problems.

Foreign Buyer complains of racism, corruption and sends emails to UK newspapers about “Spanish Property Hell”.

Conclusions

Don’t consider buying Rustic/Rural properties without impartial professional advice (Architect and Lawyer)

Do not hand over any cash to anyone who is not working for you without legal advice.

Do not believe local estate agents, independent of nationality.

Recommendations for Foreign Buyers:

Contract the services of someone to look for property on your behalf.

Contract the services of a local English-speaking lawyer.

Contract the services of a local English-speaking Architect once you have chosen some suitable properties.

Be prepared to register as a farmer.

Update the “Escrituras” of any property that you do buy to include all existing construction on the property.

Tell your Architect what you want: He or she will tell you what you need, and what you can get.

Do not to build anything without permission.

Do not build an agricultural building and then expect to live in it.

Do not listen to advice that suggests that, after 6 years, existing illegal buildings are automatically legalized.

Be prepared to wait at least 9 months after submitting proposals before receiving planning approval from the Regional Planning Committee (Comissi? d’Urbanisme).

Planning and building regulations in Catalunya are well defined, reasonably logical, and designed to protect both building owners and the environment. There is now very little scope for corruption and local level. If foreign buyers are correctly advised at the outset, they will have no problems.

As you point out in your post, “May i also add, that most of this has been done illegally, without permissions, Architects etc etc etc.” You have answered your own question. Catalunya has only had enough of foreigners who break the law.

Shaun