1st Occupation Licence - resale property
#16
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
#17
Re: 1st Occupation Licence - resale property
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.
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.
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 ?
#18
Just Joined
Thread Starter
Joined: Jun 2010
Posts: 10
Re: 1st Occupation Licence - resale property
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.
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.
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 ?
#19
Re: 1st Occupation Licence - resale property
Not at all. No "Urbanistic charges" mean that there are no outstanding legal issues about the property.
#20
Forum Regular
Joined: Jan 2007
Location: Huelva
Posts: 33
Re: 1st Occupation Licence - resale property
An Insurance Company will sell you a policy, but will never payout on a property without the first occupation license in place!!
#21
Re: 1st Occupation Licence - resale property
We made a claim some time ago and they paid out fine - we don't have the cedula!
#23
Forum Regular
Joined: Jan 2007
Location: Huelva
Posts: 33
Re: 1st Occupation Licence - resale property
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???
#24
Re: 1st Occupation Licence - resale property
It was a Zurich policy through Helvetia. The only difference was that my property was not a new build.
#26
BE Forum Addict
Joined: Nov 2003
Location: Chiclana
Posts: 3,327
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.
#27
BE Forum Addict
Joined: Aug 2006
Location: Velez-Malaga
Posts: 4,871
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!
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!
#28
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/
http://www.seasidegazette.es/2010/06...g-regulations/
#29
BE Enthusiast
Joined: Jun 2006
Posts: 445
Re: 1st Occupation Licence - resale property
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!!!!!!!!
..