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Go Back   Pollensa Forum > LIVING & WORKING IN POLLENSA > Living & Working in the Pollensa Area

Living & Working in the Pollensa Area This forum is for any comments, questions and advice about living (permanently or temporarily) and working in the Pollensa area. Aimed at ex-pats, property owners etc.

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  #1  
Old 29-11-2011, 15:38
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Default Legal or not ?

We're hoping to buy a place in Pollenca town, but it does seem to be a bit of a minefield with all the legal and not so legal building that's been going on. Does anyone have any advice for avoiding potential pitfalls.
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Old 29-11-2011, 17:20
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Got to be to use a recommended local impartial solicitor?

NEVER go solely on what the estate agent tells you, no matter how pleasant or charming they are.
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Old 29-11-2011, 19:12
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Quote:
Originally Posted by nickpaulanoah View Post
Got to be to use a recommended local impartial solicitor?

NEVER go solely on what the estate agent tells you, no matter how pleasant or charming they are.
I totally agree and if I can give you any advice it would be to be very careful! I would suggest that before going forward you ensure that whatever isn't legal is made legal if at all possible.
Not to do so can cause you many problems in the future which can involve fines or even being made to demolish anything illegal. You will also find there may be potential problems if and when you may decide to sell.

You may be told by the agent that there is no problem or that they will sort it. Please do not fall for this. Do get independent legal advice. Good luck!
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Last edited by Sparky; 29-11-2011 at 21:21.
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Old 29-11-2011, 21:08
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It is quite normal practise to part with the folding stuff as part of the sale ,it also applies when selling , but if you can its best all done on paper.

Last edited by Sparky; 29-11-2011 at 21:25. Reason: Potentially libellous comment removed.
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  #5  
Old 29-11-2011, 21:27
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Merienda hello and welcome to the forum, you may find the link below useful.

Puerto Pollensa, Mallorca (Majorca) - Property Services
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Old 30-11-2011, 10:33
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Thanks for editing Sparky, I had visions of being chased all over the Island by marauding Solicitors on horseback next week.
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Old 30-11-2011, 10:57
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Thanks very much for your comments everyone. We got confirmation on the legality side yesterday evening. We now have the Catastro and the Escritura is on it's way.
Given all Mallorcan solicitors are paragons of virtue could anyone risk recommending one (language isn't a problem).
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Old 30-11-2011, 11:07
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Never forget - the agent works for the seller not for you. Make sure your own solicitor checks everything that the agent has told you. Also most important - find your own solicitor and under no circumstances use one recommended by the agent or builder no matter how much money they claim it will save you.

Personally I would only consider buying a well established property. That way there is more chance of it having the proper approvals. Also look carefully at the adjacent land and properties. There might be nice view now but could someone build a block of apartments there next year? An example of this is in the process of construction on the ringroad right now. Taylor Woodrow are putting up a block of apartments within a few metres of the existing block next door and a second development has also commenced at the back. What was a pleasant location will soon be walled in with the only view the ring-road across the front. Beware!!
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Old 30-11-2011, 11:17
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Originally Posted by cumberland8 View Post
Thanks for editing Sparky, I had visions of being chased all over the Island by marauding Solicitors on horseback next week.
You are welcome Cumberland8. Maybe see you around the port, you won't get lost in the crowds as there aren't any .
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  #10  
Old 01-12-2011, 19:57
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Hi Merienda
You are definitely on the right track with getting the paperwork from the catastro and the escritura. This at least gives you some idea of the legal size etc of the property. Lets face it though, there are loads of places in pollensa which are not correct/fully legal on their paperwork, but if they have been standing for decades, most of the time the authorities dont make an issue of it and every so often the local council will call an amnesty allowing you to register the present condition of the property. One thing you can be sure of, if the bank gives you a mortgage on the property, they will have done their homework and are satisfied as to the legality of the premises! We once were turned down a mortgage on a house in pollensa due to it being only a garage on the escritura!!
Also the town hall will soon tell you if it has an archivo and if they plan on pulling it down!!
I hope though that you have found a real gem, and wish you every success with your home.
Regards
Paul from Project
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  #11  
Old 02-12-2011, 10:40
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Update...Despite us being assured the property was fully legal on both viewings it turns out the owner had only declared the 3rd floor to be 1 m2 on the escritura. Am I right in thinking that when we apply for any renovation licences we would then be liable for any of this naughtiness?

Just to be on the safe side we've told the owners that until they register everything then it's a no go....
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Old 02-12-2011, 11:25
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Be aware that in Spain debts move with property i.e if you buy a house or a car etc and there are unpaid taxes or other outstanding debts then the new owner becomes liable for them.
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Old 02-12-2011, 15:14
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"Am I right in thinking that when we apply for any renovation licences we would then be liable for any of this naughtiness?"

As stated above, I'm pretty sure you will be !!
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Old 08-02-2012, 15:33
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Default Bracken

We are also thinking of buying in Puerto Pollensa and were looking for some advice. The buildings all seem to show signs of some cracking and paint flacking. Is this normal? Some of the building appear quite new too. Someone did indicate that this was due to the extreme temperatures in summer then the cooler winters. We're not sure if dampness may be the reason and if so whether it is wise to buy if dampness is involved. Looking for all advice you can give us
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Old 08-02-2012, 16:21
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Hi Bracken, It does sound as though you are buying on a private basis i.e not through an estate agent, if this is the case then be very carefull if you are not familiar with building work here in Mallorca, my advice in your case would be to contact an English speaking surveyor who carries public liability insurance, do not be put off by the comments in this post about estate agents in general, there are agents who are most reliable and have the A.P.I. qualification which tells you that they know more about their work than the people who are making these degrading comments. The agents with the API are generally the older ones.
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