Chapter
Illegal builds and planning risks when buying in Spain
Quick answer
A property is irregular when it, or part of it, was built or used without the licence or in breach of the plan. The causes range from a missing paper to an order to demolish. Check the licences, the planning status of the land and the match between registry, cadastre and reality before you pay.
Applies toBuyers considering a house in the countryside, an older home with extensions, or a plot on an urbanisation.
On this page: 14 sections
§ 1What makes a property irregular
A property is irregular when something about it does not match the rules or the papers. The building may lack a licence, may have been extended beyond what was permitted, may stand on land where building is not allowed, or may be used for something the licence does not cover. Sometimes the problem is only that a lawful building is not properly recorded. The main types each need a different approach, and finding them is part of due diligence step by step.
§ 2Why foreign buyers meet it
Foreigners meet the problem often. Rural houses were sometimes built, extended or divided without a licence. Some urbanisations were developed without finishing their services. Some listings do not mention the problem, and a buyer from abroad rarely has the local knowledge to ask the right question. The first defence is to ask for the documents.
§ 3Land and building
The state land law divides land into rural and urbanised. Land preserved from development is rural, and urbanised land is integrated in an urban grid with services. The category sets what can lawfully be built, and it is the starting point for judging a house. The rules for rural land are covered in rustic land, and the problems of unfinished developments in urbanisation problems.
§ 4Missing licences
A home without the licences that should exist is the commonest problem. The question is whether the licence was never granted, was granted for something different or was granted and simply lost. The answer changes everything. Buying with no licence explains how to find out and what the risks are.
§ 5Out of planning
Some buildings that do not fit the current plan are not treated as illegal but as out of planning, with restrictions on what the owner may do. The status is regional and its effects differ. AFO status explains what it means for a buyer.
§ 6Putting it right
Some irregularities can be regularised, through a licence, a declaration or a procedure that brings the building into the records. Others cannot. The process, the costs and the limits are explained in legalising. Do not buy on the assumption that it can be legalised without a written opinion from your lawyer and, where possible, the town hall.
§ 7What to do before paying
Ask for the licences and the planning information, compare the registry and the cadastre, commission a survey, and make the contract conditional on the answers. Be wary of a seller who says that everything is fine but cannot show a paper. Be equally wary of a very low price in a place where prices are higher: it may reflect a problem you have not yet found.
§ 8Warning signs in the listing
Phrases such as “legalisable”, “in process”, “tolerated” or “sold as seen” deserve a direct question. So does a listing that gives the built area but not the plot, or the plot but not the licence. Photographs showing extensions, pools or a guest house raise the question of whether each one is covered. A seller who is relaxed about showing papers is a good sign, and one who changes the subject is not.
§ 9Insurance and lenders
Insurers and lenders look at the status of a building. A home with a licence gap or an out-of-planning status may be harder to insure or mortgage, or may carry a limit on the amount. Ask both before you commit. A purchase that depends on a mortgage should be conditional on obtaining it, and the contract should say what happens to the deposit if the lender refuses because of the status of the home.
§ 10Price and negotiation
If the checks reveal a problem that cannot be solved before the deed, the price is the remaining tool. Ask your lawyer and surveyor for a rough cost of putting it right, and propose a reduction or a retention. A seller who values the sale will usually engage, and one who will not tells you what you need to know.
§ 11Who can help
Your lawyer reviews the papers and the town hall’s answer. A technical architect checks what was built against what was licensed. The town hall’s planning department can issue certificates of the planning status of the plot. The costs of these checks are small compared with the cost of a property that cannot be sold.
§ 12Keep the evidence
Keep copies of what the town hall tells you, with the date and the name of the official if possible. If you buy and later find a problem the seller hid, those papers help your lawyer.
§ 13Back to the section
Legal process and checks explained explains the legal steps and checks of a purchase.
§ 14Other chapters in this section
The NIE in detail explains the foreigner’s number you need to buy and the professionals in a purchase for buyers explains who does what: lawyer, notary and gestor.
Contracts before completion explained explains the papers you sign before the deed and completion and the deed explained explains the signing at the notary and what follows.
Wills and succession explained explains how inheritance works for foreigners who own Spanish property and communities of owners explained explains how a Spanish flat block is governed.
Risks and scams explained explains the real risks and how to reduce them.
FAQRelated questions
Is an irregular property always a bad buy?
No, but it carries risks you must price in. Some problems are paperwork that can be fixed, others are not fixable and may mean orders against the owner. The first task is to find out which kind it is, before any money moves.
How do I find out?
Ask for the licences and check them against the home as it stands, compare registry and cadastre, and ask the town hall about the planning status of the land. A lawyer should do this, and a surveyor can confirm what was built.
Who bears the risk after I buy?
The owner. A buyer who takes over a property with problems usually takes over the consequences too, even if the work was done by someone else. Settle everything you can before the deed and price the rest in.
Sources
- Boletín Oficial del Estado: Texto refundido de la Ley de Suelo y Rehabilitación Urbana (RDLeg 7/2015) (official source, opens in a new window), Arts. 15, 17 and 21: duty to conserve; rural and urbanised landLast checked 17 October 2026
- Colegio de Registradores de España: Cómo comprar una vivienda en España (edición revisada, February 2020) (official source, opens in a new window), The five steps, nota simple, taxes and costsLast checked 17 October 2026
Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.