fergusonsfolly

Hi,
After my first post re buying a five year old property that did not have a first occupation licence, I pulled out of the sale and got my 10% deposit back.

I have now found another property, in the same area (Nerja/Torox) that is twenty five years old. Guess what ? It does not have a first occupation licence either.

As the property is relatively old, how important is the licence ?

From talking to the estate agent, I get the impression that this is not unusual.

Also, I have spoken to my Spanish lawyer (well establised practice in Nerja), who does not appear to be concerned.

Is there a register of properties that have the licence, as I get the feeling that, in this area where I am looking for a property, it seems common place that the first occupation licence is not always issued.

Mitzyboy

Oh dear

I am only going to say this once (again)

There are loads and loads and loads of properties for sale in Spain. You have a good choice.

If you chose to be an illegal build, or one without a habitation licence, or one that has buildings that are not on the plans, or listen to an estate agent who clearly has only one interest in mind, then go ahead but be aware that the whole thing could come back to bite you on the ass, so why even risk it.

Would you buy a house in the UK that seemed ever so slightly dodgy? No, you wouldn't ... so why do it here?

Go and find a property that has all the legal and correct paperwork and licences. Live in it without fear or worry, and enjoy your life

Dxf

Hi Mitzy

As I understand it, houses in the campo CAN'T have a habitation licence, only those within a town plan can.

If you choose to live out in the country rather in a town then you have well water and a septic tank. Here there are houses in town that have a communal septic tank emptied by the ayuntamiento every month.

Yes living in a town can give you a legal house, with all normal facilities you associate with modern life. For me the rustic charm has a greater attraction and the price was less than half a town house with full paperwork.

Please don't decry us for making our choice

Davexf

snikpoh

This statement is simply wrong!

Fred James

I have a house in the Campo, built 7 years ago and it has a licence of first occupation.

Without it, it would have been impossible to get the house registered.

SueG

My comments remain the same as on your previous thread, sorry

JLFS

After reading other aritlcles about such "trivial and/or optional" things like permisos and licences, I have noticed that there are lot of estate agents etc who seem to be TOM JONES impersonators with their "its not unusual" phrase.

Steer clear.......

Fred James

A lot of properties of that age in Nerja do not have licences and up until recently, this has not created any problems.

However many of these are on urbanisations that have never been "adopted" by the council. They are now being forcibly brought up to currrent urban standards regarding roads, pavements, drains, water supply etc. The owners are having to pay for this and the cost can be considerable running into many thousands. At the end of this process habitation licences will be issued.

This alone is one of the best arguments for not getting involved in such a property without a licence as you will be the person who becomes responsible for these payments.

Mitzyboy

Who is decrying you??? I'm not.

If you want to search the internet I'm sure you will find plenty of people who have had disasters with property in the country .. and by the way I live in a 6 year old villa 6 kms from the sea and I have a septic tank as well as a habitation certificate.

If thats a choice someone makes then fine ... but you cant expect, with the knowledge of these things we have, the people on here to tell someone "yes it's fine, dont worry about it".

As I understand it, it's quite possible for a house in the campo to have a habitation licence, but I guess there are plenty that were built many years ago without permission and may never get one. If it were my money then I wouldnt even think about it, but the choice of course is yours

Rotor

I have a 100 year old rural cortijo which is registered as a dwelling but has no occupation license! I think a lot of it depends on the local town hall/land registry ,most of which are incompetent and or corrupt

Rotor

100% CORRECT.

Jontee

I did not think the First Occupacion Licence existed 20 years ago. I thought it was something quite recent, but I could be wrong. If they did not exist when the houses were built are the owners supposed to apply for one now? If so how easy is it to do?

Veleta

Time and time again you are going to see comments like "it's a buyer's market" and that you can snap up a bargain from some desperate seller. The reality is somewhat more complex as you seem to be discovering.

One of my best friends has been actively house hunting for almost 2 years now looking for that perfect combination of location/price/legality/etc. She is still empty handed. Can't find anything.

Despite it being (allegedly) a buyer's market I would prepare yourself for a long and complicated haul.

Rotor

When someone has looked for a house for two years without success I have to think they are not being realistic as to what they can get for their money , sure its not straght forward here but its not impossible.

Veleta

I think the problem is that she has seen/read umpteem times that it is a buyer's market, there are thousands of unsold properties and that buyers are managing to knock down prices by 30%/40%!

So she is househunting with these "facts" in mind, but the reality is somewhat different. So yes, I agree that she is not being realistic, but I can see why she thinks this way when everyone is telling her that as a cash buyer she should be able to cherry pick the 'perfect' property!