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MY SPANISH CAREER

PROPERTY

‘Regulations are a burden everywhere you go’

This week in My Spanish Career we talk to property analyst and consultant Mark Stucklin about housing bubbles, asset reporting requirements and light at the end of the (economic) tunnel.

'Regulations are a burden everywhere you go'
Property consultant Mark Stucklin has seen Spain's building industry cycle from boom to bust.

Where are you from originally Mark?

I grew up in Zimbabwe with a Swiss father and a British mother. We spoke English though.

How did you end up in Spain?

I did my Masters of Business Administration (MBA) at IESE Business School in Barcelona. Actually, I looked at the US and Switzerland as well, but Barcelona ticked all the boxes. IESE is a top-ten business school and always scores well in international surveys like those run by the Financial Times.

While I was doing my MBA, I met a girl from Barcelona and stayed on. We got married in 2001.

What were you doing before you came to Spain?

I was in sales and marketing in the UK for about six years. That was after studying politics and philosophy at university.

Did you speak Spanish when you arrived here?

I had a grounding. And then I had intensive courses as part of my MBA. I've continued on from there, really.

What did you do immediately after the MBA?

I worked in an internet consultancy firm until the dotcom bubble burst and then moved over into property, because Spain's building boom was getting going.

I saw there was a lack of information about the Spanish market so I set up a property information site, Spanish Property Insight. This includes my blog which keeps readers up to date with what's going on in Spanish property.

The money I make from the site comes through advertising – mostly from Spanish real estate agents.

Are you involved in property sales too?

Indirectly, yes. The other part of my business — apart from the information site and blog — is property consulting. 

In my case, I help Spanish developers and banks to find buyers. This also means helping my clients, who are 95 percent Spanish, to understand the needs of foreign buyers.

Do you find working in Spain challenging?

No. It's not challenging. Sometimes the regulations can be exasperating but that's true anywhere. Regulations are burdensome no matter what the country.

How has the crisis affected your business?

The property sector has been decimated by the crisis, in large part as a result of unwise lending by the banks.

Many of my clients have been laid low, and the housing market is down 80 percent at the moment. But I'm beginning to see light at the end of the tunnel.

What do you the next 12 months have in store for Spain?

I think Spain will bump along at the bottom for the next 12 months. But until there's an economic revival, we won't see an housing revival.

I do think we've reached the bottom though. Houses aren't like books. There is no alternative. There is a basic level at which you can't go any lower.

On top of all that, the human drama in Spain and the crisis within all the institutions make me wonder how things could get any worse.

Would you recommend working in Spain?

If you are a telecommuter, this is a great country to live in. I wouldn't live anywhere else.

The employment situation, however, is very complicated at the moment.  

Would you still recommend buying property in Spain?

I think if you're sensible and do your homework, there are great opportunities here. Spain is a great lifestyle choice. 

Also, in the long run, property is not a bad option. When inflation kicks off, bricks and mortar will move along too.

If you choose a nice apartment in a good location with sea views, you're always going to do well. 

What are the major trends in the property market in this country?

I think sales of holiday homes are picking up. Friends of mine in the industry say Russian buyers in particular are interested in the market.

For pensioners looking at Spain though, the situation is more difficult. The formula for Spain always used to be sun, cheap housing and a low cost of living.  Now though, there's only sun left. Spain isn't that cheap anymore.

Also, new asset reporting requirements imposed by the Spanish government for foreign residents (form 720) make Spain a less attractive proposition for retirees.    

You can read Mark's property blog here.

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PROPERTY

Q&A: What to do if you buy a property built illegally in Spain

Buying an illegally built property in Spain is fairly common but can have several consequences down the line. Here's what you need to know, how to make it legal, whether you can sell it, and the benefits of doing so.

Q&A: What to do if you buy a property built illegally in Spain

Unfortunately, over the years, many properties have been built illegally in Spain, not adhering to local rules and regulations. Foreigners who don’t know the legislation can easily fall into the trap of buying one of these properties, only to find out later down the line.

Maybe it’s when they come to sell or perhaps it’s when they want to do works or improvements on the property.

There are several reasons a home could have been built illegally in Spain. Firstly, it could have been built on the wrong type of land. This is it could have been built on suelo rústico, rural land where residential properties are prohibited, also called no urbanizable

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It could have also been built too near the coast. This is down to the Ley de Costas or Coastal Law, which was brought into force in December 1989 in order to protect the costas from overdevelopment and high rises spoiling the landscape. 

The law defines different areas of the beach and dictates which is public land, owned by the state and which parts can be owned privately and built on.

If you buy or own a house in one of these non-buildable zones, there are many problems you could face down the line, often sooner rather than later. This is because there are several rules you have to abide by concerning works, reforms and extensions. In some cases, they may not be allowed at all and everything must be approved first by the local government by providing a detailed project.

Because of coastal erosion, this issue is getting worse as some shoreside homes that were once built outside of these areas are finding that they’re now illegal.

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The house may have also had extensions made to it that were built without a license, meaning that the extra parts are illegal.

Q: How do I know if my home is legal or not?

A: Unfortunately it can be difficult to know if your property is legal or not. You could have bought and signed for it with a notary and it could be inscribed on the Property Registry, but this still doesn’t mean it was built to the correct specification and on the right land.

The only way to truly tell is to find out if your home ever had a Licencia de Primera Ocupación or First Occupation license, also referred to as a Cédula de Habitabilidad or Certificate of Habitability. This means that according to the authorities, it is suitable to live in and has the correct licenses.

READ ALSO: How to get Spain’s certificate of liveability for properties

Q: What happens if my property doesn’t have a habitability certificate?

A: If your property has never had a Certificate of Habitability, you must regularise the legal situation. First you’ll need to start a legalisation file (expediente de legalización) and contact the town hall. Depending on the seriousness of the case (ie. where exactly it was built, if there’s any structural danger, whether the entire property is illegal or just an extension) the cost of making an illegal property legal can be considerable. As such, each case must be studied individually with the help of an expert to determine whether it is even feasible or worth the investment.

The next step is to bring in an architect and check whether the property complies with all the building regulations. If it does, you simply need present the expediente de legalización to your local town hall, who will confirm whether or not the property adheres to building regulations and can be made legal.

If it doesn’t, you’ll need to consider whether it will comply with the regulations after some renovations. If that’s the case, you’ll need to draw up a renovations project document (proyecto de reforma) outlining the proposed changes and how they will adhere to building regulations. It must be presented to the town hall along with your expediente de legalización.

According to law firm Acal, the legalisation process can be broken down into steps as follows:

  • Contact the town hall.
  • Begin with the expediente de legalización when the town hall confirm whether or not the property can be made legal.
  • Pay the corresponding fees and taxes (in this case it will be IBI) depending on your municipality and region.
  • If you need to make renovations, obtain the proyecto de reforma and hire an architect.
  • Obtain a building permit from the town hall.
  • Once completed, register the property in the Land Registry.

READ ALSO: What is Spain’s IBI tax and how do I pay it?

Q: Do I really need to make my property legal?

A: Yes, because it will benefit you in the long run. It doesn’t matter what the previous owner told you when you were originally buying the property, owning a property that isn’t fully legal (or legal at all) can create problems and even lead to fines worth up to 20 percent of the property’s value in extreme cases.

By going through the legalisation process and making the relevant renovations, if necessary, you gain a legal property for all purposes and with all the benefits that entails.

You will not have problems setting up, paying, or cancelling electricity, water or gas utility services. You won’t have to undertake reforms and renovation work unofficially, avoiding the eyes of the authorities. Instead you’ll be able to register your property in the Land Registry, which will make things much easier when you decide to sell it or pass it on.

In terms of selling it, perhaps that is the biggest benefit of legalising your illegal property: by registering it properly, you will be able to benefit from its full value when selling it. When a property is illegal, the appraised value will probably be no more than 40-45 percent of its real value at best.

The renovations needed to get your property in shape to meet the building regulations could be costly, but will they cost you half of the total value of your property? 

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