Loco

After some digging around I have found this on a Spanish Legal Forum from a Lawyer from the Water Company. He was responding to a person who was refusing to complete because of the lack of an LPO and the Water Certificate and Fadesa Sales were trying to force her to complete. The post was on the 18th April.

Hello I am a Lawyer of GIAHSA and I have happened to see your post. What I can tell you, in a personal capacity and not an official capacity is currently the water cannot be contracted yet as the network and other installations are not finished. It is foreseeable that it will be in the near future, more or less, after some things have been settled that are still a problem but I don't supose them to be insurmountable problems. Regards

As my Spanish is not that good here it is in Spanish

Hola: soy el Abogado de GIAHSA y casualmente he visto esta consulta tuya. Lo que puedo decirte, a título personal y no como respuesta oficial de la empresa, es que en estos momentos no se puede contratar el agua porque todavía no se ha producido la recepción de las redes y demás instalaciones, aunque es previsible que lo sean en un futuro más o menos próximo, cuando se solventen algunas cosas que todavía están pendientes, pero que no deberían suponer un obstáculo insalvable.
Saludos

Regards
Loco

Loco

It is well worth looking at http://www.derecho.com/Foros/UBBCont...ML/002952.html

Basically the lady was told by Fadesa Sales she must complete in Jan. She refused to do as the Water Certificate was not in place.

In March she got a fax from Fadesa telling her she must go to the Notary office to sign the Escritura in two days. She goes to the Notary only to find there still is no Water Certificate. She refuses to sign. She explains she does not want to be left with a property she cannot sell because the paperwork is not in order. She is then told she must sign because Giahsa of Huelva have provided building water and it is drinkable. She is also told she is also obliged to sign as the Junta de Andalucia have given their permission and everything is legal. She refuses to sign and asks for a copy of the permission stating she will sign once she has seen it and it is in order.

A week later rather than any document of permission she is sent a letter from Fadesa saying "the company guarantees the water provision to the network of Giahsa and connection to the house".

As she says she does not wish it to look as if she is acting in bad faith but she wants her rights. She wonders whether she should sign anyway and trust Fadesa and as it is a new complex thinks these facilities will not be coming fast. As she says if she signs and then there is a problem..............

I am somewhat surprised Fadesa have acted like this. It does them no credit whatsoever and damages their reputation of one of the better Spanish developers.

Best
Loco

MEL & JOHN

Well very pleased that an M2 property is "ready" -or is it ??? in view of the water supply query. Thanks very much to Loco who yet again has given us some very helpful info.

I sent a letter 20/04 to Belen, Fadesa asing several questions and have not received a reply and, in view of the comments today on this site, have sent a email to the shed asking When will M2 complete ? Will there be all the utilities ? ...................Will I Receive a Reply ??? Who knows ??

Has anybody else been advised that an M2 townhouse is complete and ready for handing over ?

Regards

Mel

sirrom

water water everywhere.......and all the boards did shrink.....water water everywhere....and not a drop to drink.............rhyme of the ancient esuri

jdr

Never ever buy a propety with out a water or electric meter...... Chiclana springs to mind

reg.horne

Just had a very long chat with Paula in the shed RE: completions and her current feeling is that the License of First Occupation will not arrive until the end of May. Also remember that that each Manzana will be signed off separately and that date refers only to M2 which is likely to be the first.

I certainly get the feeling that Fadesa are going to try to temp us to complete without the licence. My Solicitor is very adamant about NOT doing so - his comments:-
Regarding completion I believe completion would start taking place in a couple of weeks. All the paper work is going to be in place as soon as Fadesa is ready. I ask only for two things, first occupation licence and written compromise from Fadesa that in case that water and electricity could not be got directly from the companies, they would supply it.
I am totally behind him regarding the licence but his comments on services are interesting. I too would expect the licence to cover this but perhaps not. I am tempted to wait for the "real thing" but how long.........

Interesting times - but certainly too early to start booking flights..........

Reg

billybassett

We had a long conversation today with Alex at Fadesa London today, mostly about the duplex problem, but also about the poor communication.

He admitted that the communication had been very poor, and apologised that we had all been left in the dark.

The good news is that he promised we would now all start to get a monthly newsletter detailing the progress on site, and any news.

Should be interesting.

Karen

Den H

Great new but as I work in London I called in the Baker Street offices of Fadesa last November and during a long discussion was informed that Fadesa had not done well in the communications department, but they were about to start producing a newsletter. Sound familiar!!! It was not Alex and as I have two cards, I will not state any name in case I credit the wrong manager.

We live in hope.

Dennis

jean&john

Hi Reg,

We completed on our apartment at the beginning of March and was out there at the end of March. Our services were being supplied by Fadesa however I did see notices on the Rago apartments informing them of a date when Fadesa's electrical supply would end. I would presume it would then be up to the occupants to sign up with a utility company.

Hope this is of help.

Jean & John

billybassett

Oh dear! Didn't realise they had promised this is the past. We'll probablly have a looooooooooooooooooooooooooooooooooooong wait for the promised newsletter then.

No surprise I suppose. Big on promises, not so big at all on delivery.

Karen

Pam Sarky

Oh my god, I am depressed. Anybody got a tent they can bring over for us. We only have our apartment till end of June!!!

Homeless Sam and Benny (and pooch) lol.

paula.davitt

Does anyone know what happened about the disabled access to the pools.

Have they brought the air con price down at the shed - when we were there in Feb they told us the various options but said that the prices probably would come down so wait.

Does anyone think manzana 6 will be ready for hand over by the end of July - - stupidly booked flights for then

Hope you can help - thanks

Spanishliferules

Been off air a long time have I missed something or are you joking? Are you really Stuck?

Carol&John

Hi All,
Re your question Paula, here's some information I gathered from another site in answer to my question "Whose responsibility is it to place disabled (wheelchair) access to communal pool areas (developer or the comunidad de propretarios)?:
[Quote}I would say it is the responsability of developers (or technical direction? ( plans) , or builders? ( execution of plans) as the building has been planned and it is being built under the effect of the accesibility legal requirements:

REAL DECRETO 556/ 1989, de 9 de mayo, por el que se arbitra medidas mínimas sobre accesibilidad e los edificios. (B.O.E. º 22 de 23 de mayo de 1989). This is a legal minimum which can have been implemented by a Comunidad Autónoma regulation. SO the specific legislation for your case depends o where your building is located in Spain.

I need to say too, that those responsabilities are not easy to determine by a Lawyer. I know the Law and can check the specific details of that construction but... the final responsability is determined by a Judge or an arbitrator.

If the building is still under construction I would encourage you to write a certified letter to the developers by which you ask for the information regarding the suitable conditions of the building under the regulation I have mentioned above.[Quote]
John had spoken to Fadesa at the shed, and asked this question. The answer was brief: building work has been carried out according to plans approved three years ago. A certified letter from a lawyer to Fadesa should receive a fuller response. (This is something I have not followed through.) However, I believe EU legislation concerning disabled access has become more rigorous over these last 3 years?
Other people's opinions include the belief that because it is a private pool for the sole use of residents and their guests at a specific "comunidad" (ie. manzana), then disabled access regulations (ie. pool hoists, sloping pool steps, etc) are not enforced.
Re: lifts. No lifts in pueblo andaluz, but there are suppose to be lifts in Rago.
Enough already for one post...
Regards,
Carol

jdr

"Other people's opinions include the belief that because it is a private pool for the sole use of residents and their guests at a specific "comunidad" (ie. manzana), then disabled access regulations (ie. pool hoists, sloping pool steps, etc) are not enforced."

Who are the "other people" ?
It will come under the shared pool catagory, a private pool is a single villa with its own pool.
Within a community a lot of the places will be rental, so now they are classed similar to a hotel with a pool for the clients, some of which may need the access.

"building work has been carried out according to plans approved three years ago."
All progressive building work has to comply with the latest regulations, regardless of the date approved.