janett

We have a property on the coast, south of Torrevieja, Costa Blanca. We would love to move further inland and have looked around the Hondon le los Frailes and Macisvenda areas, which we like very much. On our last stay in Spain we went with an estate agent to view some properties - one in particular we are very interested in.

What we don't understand is when a property is legal or not legal.

A lot of these properties seem to be built on less than the / 5000 10,000 sq m requirement. Also the estate agent said about one property they showed us 'it has all its papers', but when we asked about others they didn't have the Habitation Certificates.

So how do they get electricity connected? The house we are interested in, (Macisvenda, Murcia) is next to two or three other houses that are being lived in, that look like they are built by the same builder. The estate agent said when it was 4 yrs old, the town hall would give it the Habitation Certificate.

This all sounds very strange and we are concerned about going ahead and purchasing if there is a chance that it could be repossessed or bulldozed!!!

Any info will be appreciated.

Janett

Dxf

Hi

Why would you believe the estate agent? Is he not an interested party? You have already bought a property - do you not have friends to advise you? I live in a very different area where people are having real trouble with being illegal - look several times and if not sure DON'T buy it especially in this climate

Davexf

Big Mac

Hi, Janett - One rule of thumb is not to use the solicitor recommended by the estate agent (unless you have a personal recommendation from friends). We live in the Hondon area and absolutely love it here. We moved here18 months ago and I would be happy to give you the name of the agent and lawyer we used both of which were first class. E mail me if you'd like that info and good luck with the move should you choose to make it.

fionamw

While I agree with everything in your post, I think OP has a fair point - round here there are lots of new (say less than 5 years) properties, some on large plots some on small.... however it.s not the size of the plot I'm referring to here. A knowledgeable friend told me recently the ayuntamiento concerned had told him that in a particular area NO building should have been allowed since 1990 because it's some kind of protected area, but of course the ayuntamiento has been giving out all the permissions (don't know if they knew about the bigger issue or not!) So the householders will have escrituras, building permissions, etc etc but may yet find the house is illegal. Not quite the same as OP's fear, but similar. WHO is the ultimate arbiter? National Government?

tomarense

Agree with what you say, but would add, although it may cost a bit more:

Get the Advogado to do the work of establishing the legality of the property, including getting the owner to acquire the Habitation Certificate; if s/he can't get this done, don't buy!!!

Hope things turn out ok.

Hillybilly

The estate agent shouldn't be trying to market a property that has no habitacion certificate. My advice would be to steer clear of them (estate agent and their dodgy property portfolio)!
After 4 years it "may" be possible to get a certificate of antiquity but this doesn't make the property legal.

SueG

No habitation certificate - don't touch with a barge pole

snikpoh

Could not agree more!

Once the build is complete, getting the Cedula should be plain sailing. If he hasn't got one then start worrying.


I have recently reformed a number of properties and been able to get the Cedula easily. But, I have heard os someone else who can not get the cedula because they have 'broken' (bent) some of the rules.

Yes, after 4 years it should be possible but I would always recommend that no one even considers properties that do NOT have the correct paperwork.

Getting the electric (and water) without a cedula is easy - it may even be 'builders electric/water'.

Final words - leave well alone!

jdr

We worked landscaping on a dodgy house in Velez Malaga way, all the houses were illegal, but the council said they could sort them for 7,000€`s.
Some people paid up, now the Mayor is also getting done for taking that money as well as altering the land type and still no Certificates for the owners.

chummers

Please please do not let your heart rule your head, get independant legal adivice they will ensure all the paperwork is done correctly, we have been looking for two years and found a contact who is english and a solicitor, he speaks fluent spanish and understands the legal system inside out. Each region has different laws he has saved us many times. We have given up looking at new as we have come across so many problems

chummers

Hondon Voyager

Been there got the t-shirts ,could'nt agree with you more

GrapeEater

SUM: Heart over Head = Expensive Mistake !!!!

LEGAL ADVICE: Get PROFESSIONAL INDEPENDENT ADVICE but believe no-one (especially Expats and always triple check) and learn Spanish ..... quick !!

RED-TAPE: There's lots of it and it's VERY CONFUSING as rules change all too frequently and are regional.

MONEY: You need mucho if you have no work / retired (like most people in Hondón Valley). Add about 20% on top of your house price for 'costs and extra purchases'.

HONDÓN LIFESTYLE: Quiet, slow but very nice !!!!

.... of course you'll take a blind bit of notice if you're like most people here !!

Justlookin

If you come on this site you have to know that buying now is generally a bad idea. If you don't know that then I hate to think what you will do next.

So many posters still come on talking of buying with incredible lack of research. Everything already said from the time of you starting this thread has been said countless times before.

If you want to move, sell your existing property first and take on a long term rental. If selling is anything like what I have seen over the last year be prepared for a long wait. I visited Valencia in January 2008 and then again in January 2009 and not a single property we had looked at in 2008 had been sold. There were some very nice properties involved so it wasn't as if in a good financial climate they wouldn't have sold.

Even though it's a buyers market now, even buyers should hold off buying as the market has some way to go down yet, I'm afraid.

diane.slater

Hi Janett
We purchased a property in Macisvenda 18 months ago and have all the paperwork in place. We pay our electricity and water bill, (water being mains which is quite unusual for this area as most of it is irrigation). We are about to pay our Suma (Council Tax) on the property which has recently been registered in our names along with our neighbour. We have our Padron and signed on at the doctors. The only thing now to sort out is our Habitation Certificate which is just a matter of filling in a form and getting the names changed. I realise your worry but the boundary of the village has recently been changed but not sure to where. Could be checked out and we are on a tarmac road which is due to have lighting put in but as in Spain it is manana. I hope this answers some of your questions but should you need any further info on the village, which might seem quite but alot goes on here behind the scenes please get in contact via this blog
Diane

jdr

You may be in for a supprise if you think you have all the paperwork in place, but you don`t have the most important piece, the habitation certificate.
Have you been living in it without one ?