Peritaje Judicial por Obra Realizada Sin Licencia Municipal – Perito Judicial de la construcción

Real estate

🚧 Case Study: Judicial expertise for works carried out without a Municipal Licence

⚖️ Case Status

A resident of Valencia purchased a house with a private garden in an established residential area. After moving in, he decided to make an extension to the existing structure to create a space for use as a work studio and workshop. The work was carried out by a local company without technical supervision or submission of a project to the municipality.

Months later, during a routine inspection, the Town Planning Service of the City Council found that the extension lacked any legal authorisation. An order was issued for the stoppage of workand subsequently issued a demolition order for urban planning illegality.

The owner, aware of the error but seeking to regularise the situation or to receive financial compensation, turned to our team of real estate and construction surveyors to issue a technical expert report to assist in the assessment:

The actual state of the work.
If partial legalisation was possible.
And the economic value invested for possible claims.

Object of the Judicial Expertise

The objective of the expert report was:

Assess the technical condition of the extension built without a licence.
Analyse whether it complied with current technical regulations (CTE, structural safety, energy efficiency).
Study the feasibility of legalisation according to municipal urban planning.
Determine the replacement value of the investment made for possible legal action against the construction company.

🧪 Applied Methodology

Our process included the following phases:

Documentary compilation:

Photographs before and after the work.
Cadastral plans of the original dwelling.
Official notification from the City Council of construction illegality.

On-site inspection:

Assessment of foundations, structure and enclosures.
Revision of electrical, sanitary and thermal installations.
Checking accessibility and basic regulatory compliance.

Urban planning study:

Consultation of the applicable PGOU (Plan General de Ordenación Urbana).
Analysis of permitted uses, maximum heights, buildable volumes and land occupation.

Technical expert report:

Drafting of a detailed document with explanatory graphs, photographs and comparative plans.
Including cost analysis and feasibility of regularisation.

📄 Results of the Expert Report

The report concluded that:

The work did not have a municipal licence, and was therefore considered to be unlawful from an urban planning point of view.
Technically, it generally complied with the requirements of the CTE, although it had minor defects.
Its legalisation was not feasible due to volume and use restrictions established by the planning.
The replacement value of the total cost of the work amounted to 42,000 eurosincluding materials, labour and finishes.

On the basis of the report submitted, the person concerned was able to file a civil action against the construction companyobtaining a favourable judgement where the latter was found liable for having executed the work without technical advice and without complying with the regulations in force.

Value of the Expert Report

This case demonstrates how a A well-founded expert report can be key to obtaining justice and financial redress. when acting without proper technical advice. Our work as real estate and construction surveyors is to provide clarity, legal backing and strategic guidance in complex processes.

👇 Your construction site is unlicensed and you need legal advice?

If you have carried out a renovation or construction without the corresponding technical endorsement and are now facing legal or administrative problems, we can help you to obtain an expert report valid in court.
📩 Contact us today and request information without obligation about our services of expertise real estate and construction.