Many homeowners are unaware that their homes are fuera de ordenación – a designation that may restrict you from carrying out future improvements to your home. Erardo Ferrer of Lanzarote Abogados sets out the situation:
All homeowners who have constructed a patio or a utility room without a license, or built an additional room, installed an aljibe or even a barbecue without respecting the 2-meter distance limit from the exterior wall, have become homes that fall outside the local planning regulations.
But don’t worry – there is no need to panic. If the modification was finished more than four years ago then – as long as the house is not in a zone of special protection, and other requirements are met – it is likely that the construction cannot be demolished. The dwelling is perfectly legal and the dwelling shall be classified as a legal situation falling outside of the planning regulations.
The legal situation that classes a property as “fuera de la ordenación” means that there is a disagreement between a construction and the applicable urban regulations. Basically, there are two types of situation:
First, there are older buildings that, in their day, were totally legal but now fall outside regulations which have been since modified. Secondly, there are buildings that have been carried out without a license or without complying with current urban regulations.
Normally in these types of properties, extensions, modernizations or works that increase the value of the property cannot be approved. The only works required for the maintenance of the property or to keep it habitable, to remove architectural obstacles or in accordance with the intended use of the building will be permitted.
This planning status is very important when buying a house. The legal situation “out of order” does not prevent the house from being bought or sold, but the new owner must know exactly what they are buying and that they will be unable to carry out modification works.
Only with the legal advice of an experienced lawyer can you rest easy when buying a home.
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