How to prescribe and legalize a modified property


Did you know that to carry out an extension or modification of your property you must request a prior permit from the town hall? If you did not know, in the following article we offer you a summary of the considerations that you must take into account and the steps that you must follow before carrying out an extension or modification project of the property.

You must bear in mind that before carrying out an extension or modification work it is necessary to carry out and present a project of modification of a property before the corresponding city hall in order to request a permit for the execution of said work according to the rules established for the construction of buildings. This step applies to both larger and smaller scale works.

Prior permission must be requested from the town hall

Many times due to lack of knowledge, or for not waiting for the time it takes for the city council to issue the permit, people decide to carry out the extension or modification without the corresponding permit issued by the relevant authority. Making this decision can create a problem in the future when the person decides to sell their property. This means that the property cannot be sold taking into account the reforms carried out if these were not endorsed by the city council through the corresponding legal permits.

For example, if someone decides to buy a property that was modified without the permissions established through a mortgage, they will have great difficulty in doing so since the bank will require the accreditation of said extension in a simple note as a requirement. Let us remember that through this simple note an appraisal is made, that is, the value of the property is established based on the useful meters that the property has. In this simple note, extensions and modifications are not taken into consideration if you do not have the prior permission issued by the city council.

Prescription vs. legalization

So, in order to legalize a work, you must first go through the prescription. In order to make the prescription, it is very important to know what the requirements are requested by the city council. For example, if a work was executed between 4 or 10 years, documentation must be presented that shows that said work was executed during that period of time.

A tool to demonstrate the development of a work is the Grafcan, which allows taking photos of the property showing the progress that a certain modification project has had during a limited time. With the information obtained through this tool, a document is usually prepared by a professional, and in which it is certified that the work was carried out in the specified time.

Professional advice should be sought

Once the prescription of the property is obtained, the next step will be the legalization. This step is very important since in order to deed the property it is necessary that it be legalized. Keep in mind that a work that has been prescribed cannot necessarily be legalized. If a work does not respect the law, even if it may be prescribed, it does not automatically obtain legalization.

So, before carrying out a work, it is advisable to seek professional advice that can provide specific and adequate information. Many times projects that are desirable for a property may not always be legally feasible. It is important that we take into account what can be done in a property based on the regulations and laws in force stipulated for construction.