Re: Chiclana
 

Hmm, me too!

Re: Chiclana
 

NicCol in what area are you buying in? If Chiclana then very few builders will even obtain a building licence! I am utterly amazed at the following statement on the link kindly supplied by Arco-Iris "Only when the certificates of completion of the building and the certificate of occupancy have been issued, can the purchase deed be duly finalized and notarised. The developer shall obtain and pay them."
I would be very interested in this case how nearly 20000 houses without these licences have been sold through a notario and IVA of 7% has been paid on these properties to Hacienda.

Re: Chiclana
 

Thanks a lot, I will print it off and try and digest it all!

Re: Chiclana
 

It was in yesterdays Diario de Cadiz , today it mentions the Popular Party are making political play , voicing loudly their anger that the Socialists have let the illegal building continue so long.

Re: Chiclana
 

Well I can't see that any of us out in the Campa would get one. There are no street lights etc around us and the father out you are surely the worse it will be? What we really need is someone from the Town Hall to address the meeting tomorrow. Who is actually organising it, does anyone know?

Re: Chiclana
 

I am intrigued.....what is the situation when one lives in a non urbanised area with a pump and borehole ? We have speed bumps in the dirt road off which our cul de sac leads, some lighting, and mains electricity. If the LdP is a requisite in every case and the Notary is responsible for witnessing and ensuring all documentation is accurate, then surely he should be the one querying the absence of a LdP ?? I certainly do not seem to have one, have been assured by the agent that is is not required as there was a previous property on the site, and we have mains electricity and standing orders being paid to Endesa. In every way it seems to me that Chiclana is an exception to the rule.

Re: Chiclana
 

Further news.

A friend of a friend has been refused a meter in Rana Verde. Why? Surely as this is shortly due for urbanisation there should be nothing stopping it.

Secondly a friend in Pago saw that her road had a channel with a black pipe put in early one morning. When she enquired of a Spanish neighbour she was informed that this was to provide illegal electricity for two new houses being built further down the road. So as we all know it is still going on.

Re: Chiclana
 

I am buying in Pago. What confuses me, is how can they charge you IVA and then turn round and say its illegal?

Re: Chiclana
 

Another question - My solicitor says he is waiting for the deeds and then he is taking them for registration. Does anyone know exactly what this means and does it look hopeful?

Re: Chiclana
 

It doesn't matter if there was an existing building previously on the site. If it is not the one you have now or you have carried out major restoration building work you will require a Licencia de Primera Ocupacion.

The notary witnesses the fact that there is a "Declaracion de Obra Nueva" a new building has been declared and the tax man should receive his 7%, not that it is fit for the purpose it is inteded for or that it has been issued a Licencia de Primera Ocupacion by the ayuntamiento. Simply that a new building exists.

The law is quite clear. A licencia de primera ocupacion is a requirement for any new building or a building which has had an increase in volume or a building that has undergone substantial modifications.

I have asked our architect to prepare an article regarding the Licencia de Primera Ocupacion you can read it here: Licencia de Pimera Ocupacion

Re: Chiclana
 

Thanks Cadiz Builders for clear info and web links. All safely saved and printed as ammunition for the time we may need to jump into action. When that will be is anyone's guess for those like us, who live in an area where urbanisation plans are in the far distant future and who have a long-standing Endesa contract, a landline, water from a well and a pozo negro or septic tank.

The "Help Yourself" meeting was held in a bar and some people there were out for their evening drink and carried on their conversations, so it was very difficult to hear the speakers, even with a microphone. A member of the Partido Popular was the main speaker, who has allied herself with those unfortunate people who are without electricity and have no hope of getting it without their Licence of First Occupation (LFO). The main thrust of the meeting was to form an Association to make representations to the Ayuntamiento about their predicament and Endesa's seemingly selective approach to connecting illegal properties.

Questions were asked about the LFO, with accusations of scare-mongering and rebuttals from property owners that, licence or no licence, they were legal. It all got quite noisy and contentious and too much for me, quite frankly, and I left. Maybe another forum user, with better hearing and more stamina, attended this meeting and can add more useful comments than I can.

A Spanish friend attended and I commented to her that there didn't seem to be many Spanish people at the meeting and, surely, they are just as affected,
her reply was "well, yes they are, but they just don't care".

Re: Chiclana
 

That is the million dollar question that I would also like the answer too!!

Re: Chiclana
 

Do you mean the escitura for the property. If so then all the so called illegal houses will have this document.

Re: Chiclana
 

That figures there fellow countrymen who have built these illegal properties certainly do not care.

Re: Chiclana
 

Thanks Cadizbuilder. So am I correct in assuming that my house may be illegal, because I may not have an LdP ?? I do seem to have a legal elex supply, but of course this may be based on an existing previous meter. Assuming the worse case scenario, will they at some point show up demanding to see the LdP ?? And if I cannot produce it will they then bulldoze the house? Or will they asess, qualify and perhaps demand alterations and amendments, and who will be held liable?? My builder has an office in town with a window prominently displaying his new properties. And what happens to the mortgage? Apart from those still struggling to get a legal elex supply, surely it's a case of let sleeping dogs lie until, as Iris says, we are rallied into action. We are all grateful for your input, but one still hears contradictory information. I recall having a prolonged conversation with a couple involved in property mainetnance re their own house. In order to register for the councl tax she had been advised to prepare a detailed survey of their property and had paid out to do this. Armed with all the requisite documentation she had presented herself at the town hall where she had been told that it was all unneccessary and she shouldn't have bothered! I shall raise the LdP issue with my solicitor, but plan to keep my head down for the moment. One has to take precautions, but there is sometimes no point in worrying about something until it happens...