Urban Planning Issues in Costa Blanca

Urban Planning Issues is one of the most significant risks foreign buyers face when buying property in Altea and other Costa Blanca towns. Unlicensed swimming pools or houses built on non-urbanisable land can lead to fines, inability to connect utilities, or demolition orders.

Urban Planning laws and regulations in Altea and the rest of the Costa Blanca have changed significantly in recent years and require a thorough professional assessment when buying, building or renovating a property.

Just when they are trying to sell their home, some homeowners discover to their great surprise and frustration that their property has planning issues that prevent, hinder or delay the sale.

There are also many property buyers, particularly foreigners who have not received proper professional advice, who only discover planning issues once the purchase has been completed.

In fact, many villas and apartments, especially older or modified properties, present legal or urban irregularities that can delay, complicate or even prevent a sale.

The good news?

In many cases, these issues can be resolved —or strategically managed— with the help of an experienced lawyer.

At ALTEALEX, we specialise in identifying, managing, and resolving complex legal and urban planning situations, turning problematic properties into legally secure and marketable assets.

Urban Planning issues in Spain often arise from:

• Properties built on non-urbanisable land.
• Constructions not aligned with current planning regulations
• Lack of a certificate of occupancy
• Homes classified as “out of planning” (fuera de ordenación)
• Unregistered extensions or modifications
• Unlicensed swimming pools or garages
• Discrepancies between the actual property and official records
• Situations involving urban planning irregularities (ilegalidad urbanística)

These issues are more common than many foreign homowners and buyers realise, particularly in Altea and other coastal and rural areas of the Costa Blanca.

Limited or impossible access to financing: Banks often refuse mortgages on properties with legal or urban inconsistencies.

Usage restrictions: You may not be allowed to legally live or ocupy the house

Restrictions on renovations or extensions: You may not be allowed to legally improve or expand the property.

Reduced market value: Buyers perceive higher risk, which directly impacts price and demand.

Resale complications: Many transactions fail during due diligence or at notary stage.

– Legal and urban planning assessment

We carry out a thorough analysis of the property you wish to buy or sell to identify risks and opportunities.

If you are a homeowner and are planning to put your house up for sale, we will carry out a thorough analysis of its urban planning status to ensure that the sale is not blocked or delayed, and/or avoiding that you are forced to accept a substantial reduction in price.

If you are planning to buy a house in Altea, we will ensure that there are no urban planning issues, particularly if you need a bank loan or you are planning to carry out renovation work.

It is important to note that, unfortunately, most estate agents in Altea do not carry out this planning analysis when a homeowner commissions them to sell their property, nor do they do so before presenting it to potential buyers.

–Tailored regularisation strategies

Where possible, we handle the process to bring the property into compliance.

Working in collaboration with architects and other professionals with practical experience in urban planning matters, the lawyers at ALTEALEX can handle the following procedures:

• Apply for licences from the Town Hall
• Declaration of new build
• Obtaining the certificate of occupancy
• Legalisation of extensions
• Registration with the Land Registry
• Coordination between the Cadastral Registry and the Land Registry

– Prescription of violations and/or sanctions

Furthermore, if the planning issue has become time-barred, the property may be regularised, avoid penalties and, where applicable, make the necessary entries in the Land Registry and/or the Cadastre.

– Management of ‘out of planning’ properties (fuera de ordenación)

The ALTEALEX legal team can:

• Analyse legal limitations
• Determine what can be done (renovate, sell, etc.)
• Clarify implications for sale or renovation

This is essential for both sellers and buyers when it comes to buying and selling in a transparent and hassle-free manner

-Defence Against Sanctions

If there is an ongoing urban planning procedure:

• Legal defence
• Appeals and administrative actions
• Negotiation with authorities
• Reduce or eliminate penalties

-Boundary Disputes

In cases involving land or boundary conflicts:

• Legal negotiation
• Notarial procedures
• Ownership claims (expedientes de dominio)
• Court actions if necessary

-Strategy when regularisation is not possible

Not all issues can be fully resolved.… but the property can be sold.

ALTEALEX can:

• Structure the sale properly
• Provide the buyer with accurate information
• Protect the seller from future liabilities
• Make the transaction viable despite limitations.

The problem isn’t having an urban planning irregularity.  The problem is not knowing how to deal with it

Buy or Sell Your Property with Legal Security

At ALTEALEX, we provide:

✔ Legal and urban planning analysis
✔ Property regularisation strategies
✔ Full support in sales and purchases
✔ Expertise in complex real estate situations

We do not just solve problems.  We make properties sellable.

A Property with Urban Issues?

If you are planning to sell —or buy— a property in Altea or the Costa Blanca and suspect there may be legal or urban complications, contact ALTEALEX for a confidential consultation and we will tell you:

• What the issue is
• Whether it affects the transaction
• How it can be solved

Get in touch today and turn a property into a viable, secure and successful transaction.