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Chiclana - electric

Chiclana - electric

Old Nov 24th 2005, 6:56 pm
  #151  
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Default Re: Chiclana - electric

Originally Posted by glynis
Where do we get the Licence of First Occupation?
I think you should of had that before you moved in and paid your money. It must be illegal for the builders to let you move in without it, as it contravenes safety regs at the least.
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Old Nov 24th 2005, 10:09 pm
  #152  
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Question Re: Chiclana - electric

Originally Posted by jdr
I think you should of had that before you moved in and paid your money. It must be illegal for the builders to let you move in without it, as it contravenes safety regs at the least.

This is very interesting as if this situation contravenes safety regulations then surely the house cannot be insured?? If it is insured and you had a claim would this be paid. Also if all before is correct - these people who bought the property with mortgages and had to take insurance with the banks???????

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Old Nov 24th 2005, 10:49 pm
  #153  
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Default Re: Chiclana - electric

Originally Posted by mitzipurr
This is very interesting as if this situation contravenes safety regulations then surely the house cannot be insured?? If it is insured and you had a claim would this be paid. Also if all before is correct - these people who bought the property with mortgages and had to take insurance with the banks???????

Mitizipurr good point , I'm in the situation of not having a licence of occupation but i took out house & contents insurance, luckily as i had my back door kicked in they took nothing but the door & frame (metal) was in a very bad condition. I informed the insurance company they got an assessor out & over the last few months its been sorted. Not had renewal yet but will see if my premium has gone up
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Old Nov 25th 2005, 10:55 am
  #154  
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Smile Re: Chiclana - electric

Hi jdr,

I posted this list of certificates that are required on Costa Esuri. You must have tham before it is legal to occupy a new dwelling.

"Our individual Abogado's/Agents should ensure that the relevant certificates :-

1. "Certificado de fin de obra". This literally means the certificate of finished work. It is issued by the "arquitecto" and the "aparejador" (technical architect) and stamped by their respective colleges. This is the official confirmation that the apartment/house/villa has been built in accordance with the plans stipulations. Probably the most important item here is compliance with Spanish earthquake codes.

2. "Cedula de habitabiliad". Literally the the certificate of habitability. It is issued by the Ayuntamiento or Provincia declaring that the premises are fit for living in.

3. "Boletin de instalaciones electricas". A certificate for the electrical installation issued by the electrician who has done the wiring of the premises without which you are not able to get the electricity supplier to connect the mains supply.

are issued by the colleges and professionals to cover our properties. The wait from October to February will, in the longer term fade, and we will enjoy our new homes without the continuing worries that seem to bedevil other developments all across Spain".

Regards,

Originally Posted by jdr
I think you should of had that before you moved in and paid your money. It must be illegal for the builders to let you move in without it, as it contravenes safety regs at the least.
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Old Nov 25th 2005, 4:24 pm
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Default Re: Chiclana - electric

Originally Posted by steve in pago
Mitizipurr good point , I'm in the situation of not having a licence of occupation but i took out house & contents insurance, luckily as i had my back door kicked in they took nothing but the door & frame (metal) was in a very bad condition. I informed the insurance company they got an assessor out & over the last few months its been sorted. Not had renewal yet but will see if my premium has gone up
Hi Steve
I looked at a lot of houses last week with my sister, who is considering buying here. Nearly everything we saw had no meters. In one case, where there are three new houses in a row, and only one house had a meter, the agent said the builder would get the bill for electric sent to him and then each house would pay the builder for their share of the electric!
All these properties were in the area of La Barrosa that is due to be the next to be urbanized. When the notary goes over the paper work, you would think that planning permission and right to occupy certificate would be all part of the legal process. I 'm very confused!! There must be hundreds of houses, what the Town going to do..knock them all down?
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Old Nov 25th 2005, 5:49 pm
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Exclamation Re: Chiclana - electric

Originally Posted by Barrosa Brit
Hi Steve
I looked at a lot of houses last week with my sister, who is considering buying here. Nearly everything we saw had no meters. In one case, where there are three new houses in a row, and only one house had a meter, the agent said the builder would get the bill for electric sent to him and then each house would pay the builder for their share of the electric!
All these properties were in the area of La Barrosa that is due to be the next to be urbanized. When the notary goes over the paper work, you would think that planning permission and right to occupy certificate would be all part of the legal process. I 'm very confused!! There must be hundreds of houses, what the Town going to do..knock them all down?

Hi

I hope you warned your sister of all the pitfalls which you have seen on this forum about purchasing property in this area which seems to be fraught with difficulties. There seems to be a lot of bad press in the UK with quality newspapers highlighting the problems. It appears the Town Hall refuses or does not wish to get a "grip"!!

I think you certainly cannot trust a builder to have the electric bill and you all can pay him your share - scary!!! If she liked one of those then choose the house with a meter so long as it is registered at the Electricity Company - Endesa!!

Do you also have any concrete evidence that La Barrossa is next to be urbanized? What time scale is it - we have been here almost 2 years and they are still working on that area!!

I am sorry I have never heard of a Notary having the papers you mention but perhaps someone else with a new house can clarify??

Not sure anybody knows what the Town Hall will do about the illegal houses - time will tell. Think the ultimate decision to demolish will not be theirs for the taking it will fall to the Junta de Andalucia. Follow the Marbella trail!! One thing I do know I would not like to live in one - just in case :scared:
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Old Nov 25th 2005, 5:51 pm
  #157  
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Default Re: Chiclana - electric

Originally Posted by mitzipurr
Hi

I hope you warned your sister of all the pitfalls which you have seen on this forum about purchasing property in this area which seems to be fraught with difficulties. There seems to be a lot of bad press in the UK with quality newspapers highlighting the problems. It appears the Town Hall refuses or does not wish to get a "grip"!!

I think you certainly cannot trust a builder to have the electric bill and you all can pay him your share - scary!!! If she liked one of those then choose the house with a meter so long as it is registered at the Electricity Company - Endesa!!

Do you also have any concrete evidence that La Barrossa is next to be urbanized? What time scale is it - we have been here almost 2 years and they are still working on that area!!

I am sorry I have never heard of a Notary having the papers you mention but perhaps someone else with a new house can clarify??

Not sure anybody knows what the Town Hall will do about the illegal houses - time will tell. Think the ultimate decision to demolish will not be theirs for the taking it will fall to the Junta de Andalucia. Follow the Marbella trail!! One thing I do know I would not like to live in one - just in case :scared:

PS To my last if you wait for the Notary to go over the paperwork you will find it is not his job but the Lawyers and by the time you get to Notary you will have already paid perhaps 10% purchase price as a deposit??
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Old Nov 25th 2005, 7:31 pm
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Smile Re: Chiclana - electric

Hi mitzipurr,

It is the Abogado's (Spanish Lawyer) job to check that you have the three documents that I listed at my post #154 however I believe these should all be presented at the Notario since he does not work for the buyer or the seller and should check that all the Statutory requirements have been complied with.

The "Right to Occupy" or "Cedula de habitabiliad" is issued by the Ayuntamiento and should be available at the signing of the Escritura with the Notario who after all is a quasi public official working to national government rules and fee scales.

Regards,

John.



Originally Posted by mitzipurr
PS To my last if you wait for the Notary to go over the paperwork you will find it is not his job but the Lawyers and by the time you get to Notary you will have already paid perhaps 10% purchase price as a deposit??
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Old Nov 25th 2005, 9:29 pm
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Default Re: Chiclana - electric

Originally Posted by John & Kath
Hi mitzipurr,

It is the Abogado's (Spanish Lawyer) job to check that you have the three documents that I listed at my post #154 however I believe these should all be presented at the Notario since he does not work for the buyer or the seller and should check that all the Statutory requirements have been complied with.

The "Right to Occupy" or "Cedula de habitabiliad" is issued by the Ayuntamiento and should be available at the signing of the Escritura with the Notario who after all is a quasi public official working to national government rules and fee scales.

Regards,

John.

Hi John & Kath

I agree that these documents should all be presented to the notary for the house sale to go through. I have no idea how many new houses have been occupied in this area without these licenses. What I cannot understand if the Notary by law has to check and verify that these documents are in order how he/she allowed the house sale to go through??

It would be interesting if any other forum members have these papers??
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Old Nov 26th 2005, 9:58 am
  #160  
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Default Re: Chiclana - electric

Originally Posted by mitzipurr
Hi John & Kath

I agree that these documents should all be presented to the notary for the house sale to go through. I have no idea how many new houses have been occupied in this area without these licenses. What I cannot understand if the Notary by law has to check and verify that these documents are in order how he/she allowed the house sale to go through??

It would be interesting if any other forum members have these papers??
The NOTARY (Notario) is basically the guy who is paid to ensure that TAXES are collected/paid ! he is in effect the TAX COLLECTOR. Every property deal involves some sort of Tax payment. Another function is to prepare the Spanish Deeds (Escritura) so that the deal can be formalised and recorded so that the TAX man has proof of the deal. He also must initiate the Registration of the papers and change of ownership in the "registro catastral" in order that the Tax authorities can keep you identified for future years. This entails the registration of the new owners names in the central register (registro de la propiedad). The "Notario" charges you a fee and this fee is determined by the government.
So in effect, the Notario is a witness to a transaction or declaration and has the important job of "formalising the collection of the property taxes".

The question really is. Should a Notario stipulate that the sale of a property must also have proof that the local ayuntamiento (town hall) are happy that the place has been recognised as falling within the town's boundary and that the town are going to charge local rates for disposal of waste water / rubbish and all other services such as provision of access by paved roads etc etc. In other words, should a Notario determine the actual usage and the future usage that the buyer plans to have for the property !! (And check up on whether Endesa are going to supply leccie)
I somehow doubt that any Notario is going to be involved in that.
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Old Nov 26th 2005, 12:09 pm
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Smile Re: Chiclana - electric

Hi Nige,

It would be a contradiction for the Government (National, Provincial, Regional and Local) to collect taxes on a property that was illegal if they knew about it and the Notarial system is there to provide them with just that information.

They would be forced at some level to correct the illegality and that seems to me to be just what is happening in Chiclana by the simple expedient of denying electricity. Would it not be much better not to allow the sale to proceed at the Escritura stage giving the purchaser the opportunity to reclaim his deposit from the promoter.

Regards,

John.

Originally Posted by Nige
The NOTARY (Notario) is basically the guy who is paid to ensure that TAXES are collected/paid ! he is in effect the TAX COLLECTOR. Every property deal involves some sort of Tax payment. Another function is to prepare the Spanish Deeds (Escritura) so that the deal can be formalised and recorded so that the TAX man has proof of the deal. He also must initiate the Registration of the papers and change of ownership in the "registro catastral" in order that the Tax authorities can keep you identified for future years. This entails the registration of the new owners names in the central register (registro de la propiedad). The "Notario" charges you a fee and this fee is determined by the government.
So in effect, the Notario is a witness to a transaction or declaration and has the important job of "formalising the collection of the property taxes".

The question really is. Should a Notario stipulate that the sale of a property must also have proof that the local ayuntamiento (town hall) are happy that the place has been recognised as falling within the town's boundary and that the town are going to charge local rates for disposal of waste water / rubbish and all other services such as provision of access by paved roads etc etc. In other words, should a Notario determine the actual usage and the future usage that the buyer plans to have for the property !! (And check up on whether Endesa are going to supply leccie)
I somehow doubt that any Notario is going to be involved in that.
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Old Nov 26th 2005, 12:34 pm
  #162  
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Default Re: Chiclana - electric

Originally Posted by John & Kath
It would be a contradiction for the Government (National, Provincial, Regional and Local) to collect taxes on a property that was illegal if they knew about it and the Notarial system is there to provide them with just that information.
Regards,
John.
in my short acquaintance with Cadiz province (not in Chiclana) there have been plenty of 'contradictions'..........
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Old Nov 27th 2005, 1:28 pm
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Smile Re: Chiclana - electric

Originally Posted by mitzipurr
Hi

I hope you warned your sister of all the pitfalls which you have seen on this forum about purchasing property in this area which seems to be fraught with difficulties. There seems to be a lot of bad press in the UK with quality newspapers highlighting the problems. It appears the Town Hall refuses or does not wish to get a "grip"!!

I think you certainly cannot trust a builder to have the electric bill and you all can pay him your share - scary!!! If she liked one of those then choose the house with a meter so long as it is registered at the Electricity Company - Endesa!!

Do you also have any concrete evidence that La Barrossa is next to be urbanized? What time scale is it - we have been here almost 2 years and they are still working on that area!!

I am sorry I have never heard of a Notary having the papers you mention but perhaps someone else with a new house can clarify??

Not sure anybody knows what the Town Hall will do about the illegal houses - time will tell. Think the ultimate decision to demolish will not be theirs for the taking it will fall to the Junta de Andalucia. Follow the Marbella trail!! One thing I do know I would not like to live in one - just in case :scared:

Hi my wife and I are in the same situ. Cant get a meter our lawyer not interested. Can anyone recommend an English speaking one. Told by our lawyer it would be very difficult to get house registered as there are 14 people involved. However there are only three names on the plot deeds. We bought our plot then had the house built. Dont know how or where to contact the builder. Can you let us know which quality papers had mentioned our problem.
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Old Nov 27th 2005, 2:41 pm
  #164  
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Default Re: Chiclana - electric

I have been given the name of a good lawyer in Chiclana who was involved in the purchase of a house for a friend. Before he would let her complete he came to the house and checked out that her well was okay and that her electric supply was legal and even that her IBI had been paid for the year. He is Portugese but speaks five languages. Can't remember his name for the moment but will find it out and post soonest.

There are also two letters in this week's Euro Weekly News and an advertisement for a tv programme for "problems in the sun".
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Old Aug 8th 2006, 4:16 pm
  #165  
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Default Re: Chiclana - electric

Originally Posted by flamingo
I have seen a copy of the plan on the Chiclana Town Hall web site and it seems that it is no longer the same as we were told by our agent and developer, our house in Pago del Humo is no longer in the plan.

This could be why we have been cut off.

Any one any idea how we can get a properly registered meter and electricity supply.
we where yellow, but on new plan we are white just, so we are going back to our solicitor to sort it out, we have all the right papers but no one cares yet, you must put pressure on your estate agent as well.
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