Property on Rustic land in Spain, the dangers!
Unfortunately, as I have explained before, you must be very careful when looking at buying property on Rustic land in Spain because it can be fraught with problems.This does not mean that you should not even think of buying property on Rustic land – but that you must only do so once the most rigorous investigations have been undertaken by your lawyer.
To illustrate the dangers, a town resident of Vallada (in the Comarca of Costera in the Valencian community) has recentlybeen sentenced to twelve months in prison and forced to pay a fine of 6.750 € – because in 2008 he built a property of 72 sqm on Rustico land without having a proper license.
The Provincial Court of Valencia has just rejected his latest Appeal and has confirmed the judgment delivered on February 2013 by the Criminal Court in Alzira.This confirmed that the Vallada resident committed a criminal offence against Spanish Territorial Planning, by contravening the General Urban Development Plan of Vallada together with other legislation on associated urbanistic matters.
The Provincial Court of Valencia considered proven that the Vallada resident’s construction was for recreational use and not for agricultural use – as the resident was claiming. The Court has also forced him pull the construction down.
It would be interesting to see who took this resident to Court (the Spanish authorities or a disenchanted neighbour!).
However, this judgment shows once again that building property on rustic land in Spain has potentially devastating consequences and that, as a buyer, you need to be very careful of buying property on Rustic land in Spain
Of course, one of the problems with many foreign buyers is that they tend to buy property on Rustic land in Spain without being properly advised and are often unaware that they are sitting on a potential ‘ticking time bomb’ – a property that may have serious legal faults, liabilities or be a major problems should they wish to resell.
If you are thinking of buying a property on Rustic land in Spain or you already have a Rustico property (and suspect that you may have problems) – then do contact me.I have many years of conveyancing experience and I can do an assessment of your property – and provide you with the knowledge and help that you need.
Carolina Just Miró