Legalisation of unlicensed works and homes

It is very common: an extension built years ago, a storeroom turned into a home, a swimming pool or a country house that was never declared. Until it is regularised, it can cause you problems when selling, inheriting, applying for a mortgage or setting up utilities. The good news is that it can often be sorted out; the key is choosing the right route.

The three usual routes

1. Legalise the works

If what has been built complies with the current planning rules (or can be adapted to comply), you can apply for a legalisation licence with a project that describes and justifies what is there. It is the most complete solution.

2. Prove its age

If what has been built does not comply with the planning rules but the period the authorities have to take action against it has passed, its demolition can no longer be ordered. In the Valencian Community that period is, as a general rule, 15 years from when the works were completed (article 255 of the TRLOTUP), although there are exceptions where it never expires, such as non-developable land, green spaces, roads or public land. In addition, the period that applies is the one in force when the works were completed, which was shorter for older buildings. In the Region of Murcia the periods are different and we study them case by case.

Once that period has passed, the building can be recorded in the Land Registry with a technical certificate proving its age (article 28.4 of the national Land Act, Ley de Suelo). It does, however, remain in a “fuera de ordenación” (non-conforming) situation or similar: it can be used and maintained, but with limits on extending or renovating it.

3. Minimisation of territorial impact

For homes on non-developable land in the Valencian Community completed before 20 August 2014, the TRLOTUP (articles 228 to 230) provides a specific procedure for minimising territorial impact (minimización de impacto territorial), which allows them to be regularised if issues such as sewage, water supply or access are resolved.

How we do it

1. Preliminary study. We review the deeds, Cadastre, planning rules and historical aerial photos to date the building and find out which route is possible.
2. Visit and measured survey for what has been built.
3. Feasibility report with the recommended route, what it costs and how long it takes, before you spend money on fees or projects.
4. Documentation and processing: legalisation project, certificate of building age (certificado de antigüedad) for the notary, or minimisation file, depending on the case.

Frequently asked questions

Can I sell a house with parts that aren't legalised?

You can, but it complicates the sale: the buyer may have trouble getting a mortgage, the notary and the registrar will record it, and the price usually suffers. It is almost always worth regularising before selling.

How is the age proved?

With aerial photos from different years, Cadastre data, old licences or files, receipts and the inspection of the building itself. With all of that we draw up a technical certificate that the notary and the registrar can accept.

I've received a notice of proceedings from the town hall. What do I do?

Don't let the deadlines pass. We study the file, see whether the works can be legalised or whether the time limit has expired, and help you respond, with an expert report if needed.