From January 2006 Notaries have been asked to enforce the existing legislation concerning properties that have been subject to building alteration, ensuring that the correct authorities are legally completed. This information came to light on Urbanization Eagles Nest when the owners of two different properties were preparing to sell and decided to get their paperwork checked out to ensure it was in order. The legal team advised both to get their escritura amended because there had been some additions both properties in the past which were not reflected in the escritura and might cause a problem.

When representatives of the owners presented the documents to the Notary, they were informed that in order for the escritura to be amended, the following three documents were required:

• Architect’s drawings of the alteration/addition
• The Licence from the Ayuntamiento
• Approval from the Community of Owners.

The approval from the Community of Owners has to approved from a General Meeting and be a unanimous agreement. This then has to be recorded in “The Libro de Actas” and it is more than likely that the Notary will want to see the entry.

As said, this is not a new requirement but all Notaries have been asked to report if there are any discrepancies with escrituras. If you wish to amend your escritura and your property has had some alterations or additions then you should find out from your legal advisors or Notary what the procedure is in your case as it may differ from one Urbanization to another, one Council area to another. For further information you may contact the Administrator of Urbanization Eagles Nest - email

courtesy of Urbanization Eagles Nest