DAFO

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Casscat
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Joined: Sat Jul 05, 2014 10:43 pm

DAFO

Post by Casscat »

Anyone totally up to speed on the DAFO rules and what the negative aspects are? I am enquiring on behalf of my next door neighbours who want to sell their property but they have planning issues relating to an illegal extension. They have been told by a lawyer to apply for DAFO, but is it that straightforward? I have heard that with DAFO you cannot raise a mortgage against the property, cannot carry out any renovations even if structurally necessary and any previous building approvals for the 'legal' bits are rescinded. My neighbours are desperate to be rid of their house and cannot market it in its current illegal state, so for them DAFO looks like a lifeline but I think they should consider the minuses as well as the pluses because once entered into there is no going back.
costa-brava
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Location: costa brava spain
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Post by costa-brava »

Hi Casscat
I'd never heard of it but it seems to be just in Andalucia. I found this page http://www.sunsetproperties-spain.com/i ... o,108.html
Might be of some help but it looks like your neighbour will need it in whatever case if they decide to sell.
It never ends. It's like one of these pop-up things that you hammer down at the fair. You thump one down and another pops up.
Swales
Posts: 40
Joined: Wed Mar 02, 2016 6:44 am

Dafo

Post by Swales »

We had to get a Dafo It's nit an easy process. There was an illegal pergola and thus had to come down and cannot be put up. So if there's illegal extension it will be a problem. Good luck
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Casscat
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Post by Casscat »

If you removed the pergola was it not possible to avoid DAFO Swales?
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cleanforum
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Post by cleanforum »

I am at the stage of paying for the dafo. I don´t feel that with a short post I can really cover the pros and cons of the dafo process but feel the need to clarify at least the statement..

"cannot carry out any renovations even if structurally necessary"

Article 8 -3 of BOJA nº 19 de 30/01/2012 states clearly

3. Una vez otorgado el reconocimiento de la situación de asimilado al régimen de fuera de ordenación, conforme al procedimiento establecido en los artículos siguientes, solo podrán autorizarse obras de reparación y conservación que exija el estricto mantenimiento de las condiciones de seguridad, habitabilidad y salubridad del inmueble.



Also, I would like to know a little more about he the assertion that mortgages are more difficult for a dafo property than one without any legal status at all - I doubt it.

Lastly having just gone though this process "successfully" there are a couple of points I could pass on to folks before their inspections.

Mindfull that this is a public forum, if anyone would like these tips then drop me a PM I would be glad to discuss/help in any way I can.
Swales
Posts: 40
Joined: Wed Mar 02, 2016 6:44 am

Dafo

Post by Swales »

No it wasn't Possible to avoid DAFO. The house was not fully legal either but as the house had been there over 10 years it was approved. However they use satellite photos and picked up in fact that pergola was a recent addition so this was disallowed.
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