Your property questions answered
Should we buy site in Spain to build a holiday home?
We are regular holidaymakers in Spain and have been offered a small plot of land (for a good price) in a good location. Our intention would be to build a small house.
However we have been inundated with horror stories about problems regarding ownership and title in Spain and are nervous. We don't feel equipped to ask the right questions. Any advice?
The most common problems are that people buy land that is either not zoned for building or that is not the property of the person selling. You must first ask whether the land is a building plot (finca ubana) or agricultural land (finca rustica). If it's the latter, then you are going to run into major planning problems.
To ensure that you can build your holiday home on the site, ask for written confirmation (informe urbanístico) from the town hall that you can use the land for the purposes you intend, or have the assurance that the plot has been zoned and approved for construction.
You also need to enquire about the Nota simple from the property register telling who is really the owner of the plot and if it is free from charges. Did the offer of the plot come from a builder who would then go on to build the house as part of the deal? That's common and there's nothing wrong with it once you structure the whole thing properly from the start.
Divide the process into two contracts - get the title deed for the land when you buy it and then go on to form a new contract for the building part of the job. Knowing the right questions to ask is fine but you must also ensure that the documentation is there to back it all up.
Tax structures and building laws are so different in Spain from here, it is wise to get local legal advice before signing anything.
Where can I get advice about an attic conversion? I had three different attic conversion specialists out to quote for the conversion. One said it wasn't possible because of the roof, another said the staircase would be steep but that it would be fine while a third said no problem and gave a quote.
I thought we were doing the right thing by getting three quotes but now feel more confused than ever.
The number of builders specializing in attic conversions - in Dublin at least - has mushroomed in the past five years. A quick scan of the Yellow Pages will tell you that.
Employing an architect will answer all your questions (and the comment about the steep staircase might convince you that splashing out on architects' fees would be worthwhile) while others feel that going with a reputable attic company that includes the service of their own architect is sufficient.
With attic conversion specialists, it's a good idea to ask to see an example of previous work. For an excellent overview in layman's terminology of what is involved in an attic conversion look at www.dlrcoco.ie, and read the Loft Conversion Information Leaflet.
Send your queries to Property Questions, The Irish Times, 10-16 D'Olier Street, Dublin 2 or email propertyquestions@irish-times.ie.
Unfortunately, it is not possible to respond to all questions. The above is a representative sample of queries received. This column is a readers' service and is not intended to replace professional advice. No individual correspondence will be entered into.
