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1st Occupation Licence - resale property

1st Occupation Licence - resale property

Old Jun 15th 2010, 1:34 pm
  #16  
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Default Re: 1st Occupation Licence - resale property

Hopefully your reputable lawyer (with no connections to the vendor?)will have read the vendors contract? and you will have the right to a full refund if the license is not issued? or at least the right to with hold final payment until so. Until this is clarified I`d ask your lawyer for the 10% back ,his reaction could be interesting
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Old Jun 15th 2010, 6:02 pm
  #17  
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Default Re: 1st Occupation Licence - resale property

Originally Posted by Veleta
It's perfectly normal for there to be a time delay between the property being finished and the licence being issued. Can be months, can be years.

Just because a property doesn't have its licence (yet) doesn't necessarily mean that there is a problem. On the other hand, I wouldn't just assume that everything is OK....the lack of a licence could be an indicator of a problem.

I think you just need to dig a little deeper and find out if there really is an underlying problem, or if the house is just in the phase between being finished and the paperwork being rubber stamped. Running away from your deposit money without even knowing if there is a problem is a bit of a knee jerk reaction.

In answer to your final question, yes this is quite normal in Spain, but I can't say if you should be concerned or not because we don't know if there is a problem with the house.
But the house is not to be lived in till it is checked out by the authorities.
So the house insurance man is going to be sweet if you burn the house down while you are living there without the required licence ?
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Old Jun 15th 2010, 7:11 pm
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Default Re: 1st Occupation Licence - resale property

Originally Posted by Veleta
It's perfectly normal for there to be a time delay between the property being finished and the licence being issued. Can be months, can be years.

Just because a property doesn't have its licence (yet) doesn't necessarily mean that there is a problem. On the other hand, I wouldn't just assume that everything is OK....the lack of a licence could be an indicator of a problem.

I think you just need to dig a little deeper and find out if there really is an underlying problem, or if the house is just in the phase between being finished and the paperwork being rubber stamped. Running away from your deposit money without even knowing if there is a problem is a bit of a knee jerk reaction.

In answer to your final question, yes this is quite normal in Spain, but I can't say if you should be concerned or not because we don't know if there is a problem with the house.
Update on 1st occupation licence - I have been told that the bank, who are ptoviding the mortgage, are contacting the administration of the urbanisation, and have advised that if they can get a certificate from the town hall advising that there are no urbanistic charges against the property, they should be able to proceed after all.

So it seems that the bank will provide a mortgage without the 1st occupation licence. prusumably "urbanistic charges" against the property are the equivalent of rates in the UK ?
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Old Jun 15th 2010, 9:12 pm
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Default Re: 1st Occupation Licence - resale property

Originally Posted by fergusonsfolly
So it seems that the bank will provide a mortgage without the 1st occupation licence. prusumably "urbanistic charges" against the property are the equivalent of rates in the UK ?

Not at all. No "Urbanistic charges" mean that there are no outstanding legal issues about the property.
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Old Jun 16th 2010, 4:58 am
  #20  
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Default Re: 1st Occupation Licence - resale property

Originally Posted by jdr
But the house is not to be lived in till it is checked out by the authorities.
So the house insurance man is going to be sweet if you burn the house down while you are living there without the required licence ?
An Insurance Company will sell you a policy, but will never payout on a property without the first occupation license in place!!
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Old Jun 16th 2010, 5:56 am
  #21  
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Default Re: 1st Occupation Licence - resale property

Originally Posted by Bamba9
An Insurance Company will sell you a policy, but will never payout on a property without the first occupation license in place!!
Again, I'm sorry to say, this is not correct!

We made a claim some time ago and they paid out fine - we don't have the cedula!
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Old Jun 16th 2010, 6:15 am
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Default Re: 1st Occupation Licence - resale property

Originally Posted by snikpoh
Again, I'm sorry to say, this is not correct!

We made a claim some time ago and they paid out fine - we don't have the cedula!
Hi, please could say which insurance that was ? I thought the same as the previous poster and for that reason don´t have house insurance.
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Old Jun 16th 2010, 6:18 am
  #23  
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Default Re: 1st Occupation Licence - resale property

Originally Posted by snikpoh
Again, I'm sorry to say, this is not correct!

We made a claim some time ago and they paid out fine - we don't have the cedula!
Some time ago maybe, when banks were also agreeing to mortgages on properties without it??

Only last year on a new development of approx 80 apts, developer pushed people to complete on builders supplies etc some banks (not all) agreed to complete, a car was set alight outside several apt blocks and damage was done, guess what, insurance didn't pay out as FOL wasn't in place, also because of that no security firm could be employed as all the paper work wasn't in place!!

If you are advising people to complete without all the relevant paper work, will you acceptable any liabilty from your advice???
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Old Jun 16th 2010, 8:09 am
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Default Re: 1st Occupation Licence - resale property

Originally Posted by LittleWeed
Hi, please could say which insurance that was ? I thought the same as the previous poster and for that reason don´t have house insurance.
It was a Zurich policy through Helvetia. The only difference was that my property was not a new build.
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Old Jun 16th 2010, 9:02 am
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Default Re: 1st Occupation Licence - resale property

Originally Posted by snikpoh
It was a Zurich policy through Helvetia. The only difference was that my property was not a new build.
Many thanks.
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Old Jun 16th 2010, 9:20 am
  #26  
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Default Re: 1st Occupation Licence - resale property

A friend had a claim on her property and doesn´t have a licence and there was no problem with the paying out of her claim.
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Old Jun 16th 2010, 9:22 am
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Default Re: 1st Occupation Licence - resale property

A couple of weeks ago I was in our local electricity company office to arrange for my ICP to be fitted and another English lady asked me to help her out as she didn't speak much Spanish. Her husband had died a few months ago and she wanted to change the electricity bills into her name.

The lady dealing with us checked on her computer and informed me that she couldn't change the name on the bills as it was in fact a contrato de obra which was due to expire at the end of July 2010, and the occupant needed to get a contrato definitivo for which she would have to supply a licence of first occupation and a boletin. The English lady did not have a clue what either of these were, so I had to explain it to her, and she has been living in the house for six years.

I saw her again yesterday and it appears that no such licence has ever been issued. Apparently the local notary has advised her not to worry as he claims the electricity company will write to her and not just turn up and cut off the supply. I wish I could be confident that he is right, but in her position I would be very worried as the house is in a rural area of the Axarquia where there are currently a lot of problems relating to houses for which building licences were issued by the local councils and have now been declared illegal by the Junta de Andalucia. She appears happy to rely on his advice so good luck to her!
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Old Jun 16th 2010, 1:32 pm
  #28  
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Default Re: 1st Occupation Licence - resale property

This should answer a good many questions and scare some people as well


http://www.seasidegazette.es/2010/06...g-regulations/
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Old Jun 17th 2010, 6:10 am
  #29  
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Default Re: 1st Occupation Licence - resale property

Originally Posted by missile
I have an escritura, padron, cotracts for utilities et al but have never heard of a 1st Occupation License. Should I be concerned?
Yes absolutey,,, very much,,, I had bought a property in 2002, old farmhouse and done a complete reformation on it, lived in it, with water elect, etc etc, all connected and done as I went through the reform process, When I sold the place in Oct 2009, the new buyer;s lawyer (good for him !!) asked for the Cert of Occupation ( Cedula, Permisso de habitacion, Licencia de Habitaction, and referred to by many other names), I then applied to the Ayuntamiento for a copy of the Certificate of 1st occupation, only to find out that there had never been one,,, (and please note during the reform and planning process, this was never once mentioned by any of the officials at the ayuntamiento I came into contact with, or when the electric was connected, and we even had water connected as part of the EEU funded scheme for the village,).,
However when I went to the ayuntamiento to be told there wasnt a licence, I was informed to get an architech to draw up the house to the new standard, get certs(boletins) for Elect, Water, and drainage, and they would issue a cert, took about three weeks of constant harrassment of the office in the Ayuntamiento, but one the plans wer submitted I was issues the Certificate of 2nd occupation for a total price of 900€ ( 600E of which was the architech) the rest was council fees,
The problem jeopardised my sale, but due to the, on this occasion, swift response from the council, i didnt have a problem,, but the point is if I had had on in the first place i would have sailed through.. or more importantly may not have been able to get one!!!!!!!!

..
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Old Jun 17th 2010, 3:16 pm
  #30  
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Default Re: 1st Occupation Licence - resale property

Thanks Solarwhizz,

I will ask at my Ayuntamiento.
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