How to legalize a house that has already been built?
If you have a house built without a permit, that does not appear correctly in the Property Registry, or whose square meters do not match the Cadastre, it is normal to wonder How to legalize an already built house.
An old house does not automatically become legal simply because several years have passed. The passage of time may, in certain circumstances, prevent the authorities from taking measures to restore legality that involve demolition, but that does not mean the building automatically becomes fully legal.
For this reason, before going to a notary or modifying the Cadastre data, it is advisable to study the urban planning, the age of the construction, the land classification and the existing documentation.
Can a house that has already been built be legalized?
Yes, in some cases it is possible to legalize a house that has already been built, even when it was originally run without the corresponding license. However, it is important to distinguish between two situations that are often confused.
If the building It is compatible with current urban planning regulations., It may be possible to obtain the corresponding urban planning title after the fact through a legalization process or project.
If a dwelling does not comply with the planning regulations, it may not be possible to legalize it in the strict sense. However, if the period during which the Administration could take certain measures to restore legality has expired, some autonomous communities have procedures in place to recognize or regularize its status.
Legalizing and regularizing a home are not exactly the same thing.
Legalize a home This involves ensuring that the building complies with urban planning regulations through the corresponding permit.
Regularizing a dwelling, on the other hand, can consist of legally recognizing an existing building whose urban planning status cannot be equated to that of a completely legal construction.
The difference has practical consequences regarding the reforms that can be carried out, the extensions, the changes of use, the supplies or the information that will appear in the Property Registry.
In Andalusia, for example, there is the figure of the Assimilated to Out of Order (AFO) for certain irregular buildings. Law 7/2021 of Andalusia itself expressly states that the declaration of AFO It does not imply the legalization of the building.
How to legalize an existing house step by step?
Legalizing an existing home involves more than simply submitting documents to the town hall. Before starting any process, it's essential to understand the property's current zoning status, verify whether the construction complies with regulations, and determine the appropriate procedure for each situation.
Although the requirements may vary depending on the autonomous community and municipality, these are the usual steps to study and process the legalization of an already built house.
Analyze the urban planning situation of the plot
In old buildings, it is common for the owner not to know for sure if a building permit was granted, especially when the house comes from an inheritance, was built decades ago, or has passed through different owners.
Therefore, it is advisable to consult the municipal records and gather all available documentation: deeds, old plans, licenses, certificates, blueprints, or receipts related to the construction. During this review, very different situations may be encountered, for example:
- a house built entirely without a license;
- a house with a building permit but without a declaration of new construction;
- an extension carried out later without authorization;
- a swimming pool, garage, storage room or porch that is not listed in the documentation;
- differences between the actual constructed meters and the registered meters;
- a property that appears in the Cadastre but not in the Property Registry;
- a construction whose execution does not coincide with the authorized project.
Correctly identifying the problem is essential, as not all irregularities are solved by the same process.
Review existing licenses and documentation
In old buildings, it is common for the owner not to know for sure if a building permit was granted, especially when the house comes from an inheritance, was built decades ago, or has passed through different owners.
Therefore, it is advisable to consult the municipal records and gather all available documentation: deeds, old plans, licenses, certificates, blueprints, or receipts related to the construction. During this review, very different situations may be encountered, for example:
- a house built entirely without a license;
- a house with a building permit but without a declaration of new construction;
- an extension carried out later without authorization;
- a swimming pool, garage, storage room or porch that is not listed in the documentation;
- differences between the actual constructed meters and the registered meters;
- a property that appears in the Cadastre but not in the Property Registry;
- a construction whose execution does not coincide with the authorized project.
Correctly identifying the problem is essential, as not all irregularities can be solved in the same way.
Check if the property can be legalized
If the property currently meets the applicable urban planning conditions —use, building capacity, occupancy, height, setbacks, among others—, there may be the possibility of processing a retroactive legalization.
In that case, it will be necessary to submit the technical documentation required by the City Council and obtain the corresponding permit. The situation is different when the construction does not comply with any of the urban planning regulations.
In these cases it will be necessary to analyze whether it is possible to carry out works to adapt it to the regulations or whether, due to its age and the specific circumstances of the property, it can be eligible for some form of recognition or regularization provided for by the regional legislation.
For example, in Andalusia there may be situations in which the regime of Assimilated to Out of Planning (AFO) is applicable, provided that the requirements established by the regulations are met.
Prove the age of the property
The age of a building is especially important when seeking to declare it as new construction based on its age, or when it is necessary to demonstrate that the established timeframe for the Administration to adopt certain measures to restore urban planning legality has elapsed. The date of completion of construction can be proven by various means, including:
- certificate issued by a competent technician;
- municipal certification;
- descriptive and graphic cadastral certification;
- notarial deed;
- historical aerial photographs;
- old administrative documentation;
- other means of proof that allow to prove when the building was completed.
Article 28.4 of the consolidated text of the Land and Urban Rehabilitation Law contemplates certain mechanisms to prove the age of a work when restoration measures that imply its demolition are no longer appropriate.
Prepare the technical legalization file
Once the appropriate course of action has been confirmed, the corresponding technical documentation will need to be prepared. Depending on the case, an architect, building engineer, or other qualified professional may be involved. The necessary documentation may include:
- certificate of seniority;
- updated survey of the dwelling;
- floor plans, elevations and sections;
- site plan and location;
- measurement of constructed areas;
- descriptive report of the property;
- photo report;
- justification of urban planning compliance;
- documentation relating to safety, habitability or health;
- georeferenced coordinates of the construction;
- technical project or legalization file.
The exact content will depend on the characteristics of the property, any existing irregularities, and the requirements of the relevant local council. This phase is especially important, as the technical documentation must accurately reflect the property's actual condition and its urban planning status.
Submit the application to the City Council
With the urban planning study completed and the technical documentation prepared, it's time to submit the application to the City Council. The specific procedure will depend on the building's status. Generally, there are three possible scenarios:
- Urban planning legalization. This occurs when the dwelling is compatible with the current planning and can obtain the corresponding urban planning title by submitting a legalization project or file.
- Adaptation works. In some cases, the City Council may require that certain elements of the construction be modified so that it can comply with the regulations before granting legalization.
- Recognition of a special urban planning situation. When a dwelling cannot be fully legalized, but certain circumstances exist, regional legislation may allow its status to be recognized through specific mechanisms, as is the case with the AFO in Andalusia.
The City Council will review the documentation, may request corrections or additional reports and, if the requirements are met, will issue the corresponding resolution.
Regularize Cadastre, deed and Property Registry
Once the urban planning status of the property has been clarified, it may also be necessary to update its legal and cadastral description to match the physical reality. Depending on the case, it may be necessary to:
- modify the building data in the Cadastre;
- grant a deed of declaration of new construction;
- declare an extension that was not previously recorded;
- update the built area;
- incorporate the georeferenced graphic representation;
- register the construction in the Property Registry.
The ultimate goal is to achieve, as far as possible, consistency between the physically existing dwelling, the information from the City Council, the Cadastre, the deed and the Property Registry.
How many years do you have to wait to legalize a house?
There is no single deadline for all of Spain that automatically converts an illegal house into a legal one. Article 28.4 of the State Land Law refers to constructions for which measures to restore legality involving demolition are no longer applicable because the corresponding deadlines have passed, but it does not set the same urban planning deadline for all autonomous communities.
The deadlines must be checked in the applicable regional legislation and, furthermore, there may be exceptions.
How to legalize a house built on rural land?
Legalizing a house built on rural land can be more complex than on urban land, since this type of land is usually subject to greater limitations.
Before starting any procedure, it is necessary to analyze aspects such as:
- the age of the house;
- soil classification and protection;
- permitted uses;
- possible impacts on coasts, roads, riverbeds or heritage;
- current regulations;
- the existence of urban planning files.
If the property complies with the planning regulations, it can be legalized. If it does not, it will be necessary to check whether it can be adapted or qualify for any regularization procedure provided for by regional regulations.
AFO in Andalusia
In Andalusia, completed irregular buildings for which it is no longer possible to adopt certain measures to protect legality because the corresponding period has expired may be in a situation of Assimilated to Out of Order. The recognition belongs to the City Council.
The declaration can facilitate certain legal effects, access to services under the legally established conditions, and registration of the property's status in the Land Registry. It can also authorize certain conservation and renovation works under the conditions established by Andalusian regulations.
However, An AFO declaration does not convert an irregular construction into a fully legal building..
How much does it cost to legalize a house that has already been built?
The cost of legalizing a home depends on factors such as the constructed area, the municipality, the autonomous community, and the type of procedure required.
The estimate may include the technician's fees, the preparation of plans and certificates, the legalization project, municipal taxes and fees, and, if necessary, the adaptation work. Notary fees, property registration fees, or cadastral updates may also be added.
Therefore, before starting the process, it is advisable to carry out a **preliminary urban planning feasibility study** to check what solution is possible and avoid unnecessary expenses.
Can you sell a house that is not legally registered?
The existence of planning irregularities does not automatically mean that a property cannot be transferred, but it can considerably complicate the transaction. A discrepancy between the actual property, the Land Registry, and the Cadastre can cause problems during:
- a sale;
- a mortgage appraisal;
- an inheritance;
- a segregation;
- an extension;
- certain reforms.
Furthermore, existing urban planning restrictions may affect the buyer and should be analyzed before finalizing the transaction. Regularizing the situation before selling allows for a clear understanding of what is being transferred and reduces risks for both parties.