Information for Buyers

Buying a house in La Palma: 3. Land registry (Registro de la Propiedad)

What is an undeclared new build (obra nueva no declarada) or "edificación inexistente" in the Land Registry?

Volker Horch: A common mistake in property deeds is not including all structures built on the property. Often, additional constructions added over time (such as building expansions, pools, garages etc.) are not properly reflected in the deed and, therefore, do not appear in the Land Registry.

So, what can I do? Do I have to demolish everything and start over?

Volker Horch: Fortunately, no. There are two ways to legalise them. If the construction is old, it can be regularised by prescription, since it has not been sanctioned or demolished within a certain period of time, it is declared legal by age, even if it does not fully comply with normal regulations. If the construction is recent, or if this option is not available, a legalisation project must be carried out by an architect with the appropriate building permit.

Is it necessary to do this before purchase?

Volker Horch: Absolutely. At Palminvest, we undoubtedly recommend bringing all constructions within a property into order before purchase.

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