When a foreign homeowner wants to sell a property in Spain, they may encounter an unexpected problem: the property may have unlicensed construction elements or may even be considered illegal from a planning perspective. Before putting it on the market, it is essential to know the steps to regularize it and avoid legal complications during the sale.This is especially relevant for those looking to buy property in Torrevieja, where there are many older homes or extensions that were not always built in accordance with regulations.

What does it mean for a dwelling to be “illegal”?

A dwelling can be considered illegal when:

It was built without a building permit.

It was expanded or renovated without municipal authorization.

It is located on non-urbanizable or protected land.

It does not comply with the conditions of the General Urban Development Plan.

For foreign owners, these types of situations can be especially complex, as they are usually discovered when requesting documents necessary for the sale or when reviewing the property registry extract.

Legal steps to regularize a property before selling it
1. Request an urban planning report

This is the first step in determining whether a property can be legalized. The City Council decides whether it is non-compliant with zoning regulations, whether it can be regularized, or whether it requires a more complex procedure.

2. Hire an architect to prepare a legalization project

When a dwelling is eligible for regularization, an architect must prepare a technical project that certifies the condition of the property and its compliance with regulations.

3. Apply for the legalization license

The City Council will study the project and, if everything is in order, will grant the corresponding license.

4. Register the regularization in the Property Registry

Once the legalization is approved, it must be reflected in the deed so that the property can be sold without encumbrances or problems.

Why is it so important to regularize before selling?

Many foreign buyers will not accept a property with irregularities. Furthermore, banks, insurance companies, and notaries can block the transaction if they detect zoning issues. At A&G Lawyers, we help foreign homeowners manage the entire process to ensure a secure
sale.

If you need to sell a property with urban planning irregularities, doing so without advice can complicate the transaction.

Contact A&G Lawyers to analyze your case and help you regularize the property before selling it.