For those thinking of Buying or Selling on Costa Esuri
Jan 26th 2021, 11:32 pm
#1
BE Enthusiast
Thread Starter
Joined: Jul 2005
Posts: 377
For those thinking of Buying or Selling on Costa Esuri
Today I have heard of a house purchase being delayed and possibly falling thu on Costa Esuri because the British purchaser didn't have the required military permit/authorisation.
I am not that surprised.
On the 22nd Jan the FCO somewhat belatedly updated their advice about buying close to military bases and provided a link to the 1975 Law. They fail to mention in 1978 a law was enacted to include the Portuguese border amoungst others.
There are various opinions and advice coming out of areas heavily populated by Brits ranging from it only applies to rural land to it doesn't apply to consolidated urbanisations.
Who knows but a quick skim though the 1975 and 1978 law suggests to me it does and some if not all of Costa Esuri is caught by it.
It is also quite possible a bilateral agreement will be agreed in due course but in the meantime I would suggest buyers and sellers on CE factor it in.
Scare stories are it can take a year to obtain permission. I have seen the average quoted at 3 months.
I post below what my understanding is of what is required.
Best
Loco Criminal record certificate covering at least the last 5 years for all those who wish to be on the deed(obtained in their country of origin, legalized and translated by an OFFICIAL TRANSLATOR)
– Photocopy of passports NIE and residence cards if they have them translated by an OFFICIAL TRANSLATOR if applicable.
– Plans in different scales.
- Application filled in with all details of the applicants and the property, cadastral reference number, registration details, etc...
I am not that surprised.
On the 22nd Jan the FCO somewhat belatedly updated their advice about buying close to military bases and provided a link to the 1975 Law. They fail to mention in 1978 a law was enacted to include the Portuguese border amoungst others.
There are various opinions and advice coming out of areas heavily populated by Brits ranging from it only applies to rural land to it doesn't apply to consolidated urbanisations.
Who knows but a quick skim though the 1975 and 1978 law suggests to me it does and some if not all of Costa Esuri is caught by it.
It is also quite possible a bilateral agreement will be agreed in due course but in the meantime I would suggest buyers and sellers on CE factor it in.
Scare stories are it can take a year to obtain permission. I have seen the average quoted at 3 months.
I post below what my understanding is of what is required.
Best
Loco Criminal record certificate covering at least the last 5 years for all those who wish to be on the deed(obtained in their country of origin, legalized and translated by an OFFICIAL TRANSLATOR)
– Photocopy of passports NIE and residence cards if they have them translated by an OFFICIAL TRANSLATOR if applicable.
– Plans in different scales.
- Application filled in with all details of the applicants and the property, cadastral reference number, registration details, etc...
Jan 27th 2021, 2:51 am
#2
Lost in BE Cyberspace
Joined: Jun 2005
Location: Puente Esuri
Posts: 6,903
Re: For those thinking of Buying or Selling on Costa Esuri
Today I have heard of a house purchase being delayed and possibly falling thu on Costa Esuri because the British purchaser didn't have the required military permit/authorisation.
I am not that surprised.
On the 22nd Jan the FCO somewhat belatedly updated their advice about buying close to military bases and provided a link to the 1975 Law. They fail to mention in 1978 a law was enacted to include the Portuguese border amoungst others.
There are various opinions and advice coming out of areas heavily populated by Brits ranging from it only applies to rural land to it doesn't apply to consolidated urbanisations.
Who knows but a quick skim though the 1975 and 1978 law suggests to me it does and some if not all of Costa Esuri is caught by it.
It is also quite possible a bilateral agreement will be agreed in due course but in the meantime I would suggest buyers and sellers on CE factor it in.
Scare stories are it can take a year to obtain permission. I have seen the average quoted at 3 months.
I post below what my understanding is of what is required.
Best
Loco Criminal record certificate covering at least the last 5 years for all those who wish to be on the deed(obtained in their country of origin, legalized and translated by an OFFICIAL TRANSLATOR)
– Photocopy of passports NIE and residence cards if they have them translated by an OFFICIAL TRANSLATOR if applicable.
– Plans in different scales.
- Application filled in with all details of the applicants and the property, cadastral reference number, registration details, etc...
I am not that surprised.
On the 22nd Jan the FCO somewhat belatedly updated their advice about buying close to military bases and provided a link to the 1975 Law. They fail to mention in 1978 a law was enacted to include the Portuguese border amoungst others.
There are various opinions and advice coming out of areas heavily populated by Brits ranging from it only applies to rural land to it doesn't apply to consolidated urbanisations.
Who knows but a quick skim though the 1975 and 1978 law suggests to me it does and some if not all of Costa Esuri is caught by it.
It is also quite possible a bilateral agreement will be agreed in due course but in the meantime I would suggest buyers and sellers on CE factor it in.
Scare stories are it can take a year to obtain permission. I have seen the average quoted at 3 months.
I post below what my understanding is of what is required.
Best
Loco Criminal record certificate covering at least the last 5 years for all those who wish to be on the deed(obtained in their country of origin, legalized and translated by an OFFICIAL TRANSLATOR)
– Photocopy of passports NIE and residence cards if they have them translated by an OFFICIAL TRANSLATOR if applicable.
– Plans in different scales.
- Application filled in with all details of the applicants and the property, cadastral reference number, registration details, etc...
Jan 27th 2021, 6:27 am
#3
BE Forum Addict
Joined: Aug 2005
Location: Beckenham, London borough Bromley
Posts: 1,617
Re: For those thinking of Buying or Selling on Costa Esuri
Hola
No it is not "Fake News" but scaremongering based on fact. In reality, my solicitor (JA at Temple Cambria in Conil) has been dealing with this for American & Canadian purchasers. Now the UK is a "third country" then the same rules apply but normally JA reckons it delays the purchase by two months
Dave Fisher
President
Chiclana Foreign Residents Association
No it is not "Fake News" but scaremongering based on fact. In reality, my solicitor (JA at Temple Cambria in Conil) has been dealing with this for American & Canadian purchasers. Now the UK is a "third country" then the same rules apply but normally JA reckons it delays the purchase by two months
Dave Fisher
President
Chiclana Foreign Residents Association
Jan 27th 2021, 7:02 am
#4
BE Forum Addict
Joined: Jun 2005
Posts: 1,273
Re: For those thinking of Buying or Selling on Costa Esuri
Jan 27th 2021, 7:32 am
#5
Forum Regular
Joined: Feb 2019
Location: Zürich Area, CH
Posts: 55
Re: For those thinking of Buying or Selling on Costa Esuri
My wife and I are Swiss citizens and bought in CE 2 years ago. We felt under the same law or rule requiring military permission. Not much of a big deal. You have to get your entire Password copied and have it legalised by Apostille. You also need a certificate of clean criminal records. We send those to our lawyer who took it to the military office in Sevilla. Two weeks later , it was approved.
Jan 27th 2021, 8:56 am
#6
BE Enthusiast
Joined: Oct 2007
Location: Widnes
Posts: 424
Re: For those thinking of Buying or Selling on Costa Esuri
Defiantly not fake news, we are currently going through the Military Clearance protocol now.
As of the 1st January 2021, it’s implemented on all uk purchases, as we are no longer in the EU.
Another hurdle to jump, but shouldn’t stop the purchase going through if everything stacks up.
Ken.
As of the 1st January 2021, it’s implemented on all uk purchases, as we are no longer in the EU.
Another hurdle to jump, but shouldn’t stop the purchase going through if everything stacks up.
Ken.
Jan 27th 2021, 6:30 pm
#7
Lost in BE Cyberspace
Joined: Jun 2005
Location: Puente Esuri
Posts: 6,903
Re: For those thinking of Buying or Selling on Costa Esuri
Defiantly not fake news, we are currently going through the Military Clearance protocol now.
As of the 1st January 2021, it’s implemented on all uk purchases, as we are no longer in the EU.
Another hurdle to jump, but shouldn’t stop the purchase going through if everything stacks up.
Ken.
As of the 1st January 2021, it’s implemented on all uk purchases, as we are no longer in the EU.
Another hurdle to jump, but shouldn’t stop the purchase going through if everything stacks up.
Ken.
Feb 2nd 2021, 4:58 am
#8
BE Positive
Joined: Sep 2005
Posts: 3,980
Re: For those thinking of Buying or Selling on Costa Esuri
worth checking out, and to be aware of. Thanks to Loco for the OP. I had no idea of this.Based on Loco's long history on the forum, I always take note of his advice/, feedback and extensive local knowledge - on both sides of the border.
Jon
Feb 2nd 2021, 1:07 pm
#9
Just Joined
Joined: Sep 2018
Location: Ayamonte& Hampshire
Posts: 24
Re: For those thinking of Buying or Selling on Costa Esuri
Last Saturday’s Eye on Spain digest dealt with this in detail. If you are unfamiliar with this publication it is a weekly newsletter covering a wide variety of subjects.
Feb 2nd 2021, 3:48 pm
#10
Lost in BE Cyberspace
Joined: Jun 2005
Location: Puente Esuri
Posts: 6,903
Feb 2nd 2021, 3:55 pm
#11
Just Joined
Joined: Sep 2018
Location: Ayamonte& Hampshire
Posts: 24
Re: For those thinking of Buying or Selling on Costa Esuri
I get it at eyeonspain.com. The article was item six in last week’s edition. You can get back-editions in the archive section.
Feb 2nd 2021, 6:59 pm
#12
Lost in BE Cyberspace
Joined: Jun 2005
Location: Puente Esuri
Posts: 6,903
Re: For those thinking of Buying or Selling on Costa Esuri
Found this on the blogpost 26th jan but it seems to say it would not apply to Esuri since the urbanisation was approved after 1978 which appears to be the key date. Shame it does not clarify the state boundary issue which must apply to some parts of Esuri but how much?
Feb 2nd 2021, 7:15 pm
#13
Just Joined
Joined: Sep 2018
Location: Ayamonte& Hampshire
Posts: 24
Re: For those thinking of Buying or Selling on Costa Esuri
I think it says a permit is NOT required for urban land if it was already urban land before the regulation came into force in 1978. Seems surprising it was not an issue when the area was first developed, although at that point would only have affected purchasers who were non EU / EEA.
