Calificasa

Introduction

Every buyer or homeowner wants to know, if and if so, what risks a property has. After all, risks determine the value, interest, and marketability of a property (in the future). Unfortunately, it is impossible to determine what risks a property has based on the pre-scan. That would require research by an architect that is specialised in urbanism ( zoning planning).

Nevertheless, the pre-scan has an important function. It makes buyers and owners aware of what you need to know to be sure about the status of a property. If a property is not legal or does not comply with the rules laid down by the municipality in the zoning plan, then as an owner you are dependent on that same municipality, the insurance company, or the neighbours.

Of course, not every property owner experiences problems with the municipality when they fail to comply with regulations and the zoning plan. The municipality can sometimes be lenient in enforcing rules, while at other times it is strict. Today you may be dealing with an official who turns a blind eye, but tomorrow that person may have been replaced.

The city council decides on very important matters using the rules in the zoning plan, for example:

  • Whether a house or apartment building may be rebuilt after a fire or natural disaster.
  • Or permits are denied or not renewed.
  • Whether habitation will be allowed.
  • Or fines are imposed for illegal construction by previous owners.
  • Whether illegal or time-barred buildings must first be legalised or demolished before permits are granted or renewed.
  • Or buildings have to be demolished because they are illegal.

This is why an independent zoning study such as the Legality Label is so important.

Most policy conditions state that the property must meet legal requirements. This is the responsibility of the owner, not the company. If you cannot prove at the time of claim that the property meets the legal requirements, coverage is not certain. Depending on the policy conditions, there is also the question of whether the rebuilding value will be paid if the municipality does not allow rebuilding.

So, for this reason, too, it is good to apply for a Legality Label.

In Spain, if construction has taken place without planning permission, it happens quite often that a neighbour with whom, for whatever reason, mutual contact is less than pleasant goes to the municipality and tells. (Only neighbours who also have illegal construction themselves wisely keep quiet). In this situation, as the owner of a property with illegalities, you are dependent on the action taken by the municipality.

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Question 1.

What is the zone and year of construction of the property?

Question 2.

What if...

Question 3.

Zoning plan survey

This question cannot actually be answered because no zoning study has yet been done. Nevertheless, this question should not be missing because the zoning plan largely determines the restrictions and risks. To sell homes quickly, this study is usually not mentioned or not done in full.

Anyone who has ever seen a municipality's zoning plan knows how complicated it is. A zoning study is not the field of architects specialising in so-called spatial planning (urbanismo) for nothing. That is why the Legality Label is always determined by these experts.

What is a zoning plan survey?

In the zoning plan, the municipality has laid down the rules with which buildings on each specific plot must comply. Among other things, it determines the type of building, the maximum area and height, the distance from the property boundary, whether it is a housing property or another type of building etc.. It also indicates whether an area is risky, for example for forest fires or floods.

The rules may change. This can affect the status of a property or building. The current rules also apply to properties built long ago. Sometimes a change works out favourably, sometimes not.

What if...

Do you have any questions, and would you like personal contact?

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