Can I cancel delayed home deal?


I’m the owner of a house without a license, now the PGOU established a public park for my plot, what can I do?

First of all, the important thing is to know if the Town Hall has started proceedings for not having the building license. If not, it is important to know that in some cases it may prescribe the action to demolish illegal houses, after four years.

In any case, to make the public park the Town Hall needs to be the owner of the land. For this the law establishes the compulsory purchase procedure in which they make you an offer paying for it all; the land, the buildings, you can set your property house, and the procedure finishes with the ‘justiprecio’ the fair-price (and you may claim it). Meanwhile, the house (and the land) is considered as “non conforming use”, in which you only can make maintenance works.


In 2008 I signed a contract buying a house under construction that should have been finished by September of this year, and delivery before year end. Since the works have not even finished yet, can I can claim my money back and cancel the contract?

Unless the contract established something different, it is very difficult to claim the money back, and cancel the contract.
This is because you have to prove the developer deliberately failed to fulfil the terms of the contract, since the delay in the delivery of the property, as well as common practice, may be due to causes attributable to the seller that might be claimed to the contrary.

I live in an apartment in the third floor and I have recently become disabled. Can I ask the community to install a lift?

Yes, of course, according to the law to install the lift you would need a large majority, of the 3/5 of the quotas of the owners. Once the decision is taken, owners should pay according to the quota.

Read more:


Please enter your comment!
Please enter your name here