SmartiesUK

Read in another thread about offplan properties and difficulties in getting the LFO certificate for new builds so I asked the question and got this response:

"Hi
Unfortunately neither xxxxx nor builder knows when exactly the town hall is going to issue full adress.

Regarding licence of first occupation, the builder has just informed me that these licence is not issued directly when you take over the property, it takes a couple of months. During that period they supply you with water and electricity. Properties in Oasis V have already received/receiving licences of first occupation."

Does this sound normal anyone

Lionda

Same thing happening on our urbanisation. Apparently we can move into the property and use the builders electric supply for no charge until this paperwork is completed. Our bank has said they will give us a mortgage but we don't start making payments until we have the paperwork completed which means we also can live mortgage free for as long as it takes. All this has been confirmed to us by our solicitor and mortgage broker and also by a resident on the urb who moved into his property in January - he is a solicitor! We are currently waiting for confirmation from the builder that we can move in.

montgomail

Very normal but there is a significant risk that the licence may not be issued for many months or years, during which time you would be relying on the goodwill of the builder for your supplies.

EsuriJohn

Hi Smarties,

Absolutely normal! But illegal!!!

On three counts, you cannot occupy a property without a LFO, you cannot have a legal water supply without a LFO and you cannot have a legal electricity supply without a LFO.

Regards,

John.

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keithwalters

On a new urb like this the key is in the last sentence - if other identical properties in the same place have received their licences then you know that you will be getting yours at some point.

The people who work at the town hall are always DOWN RIGHT LAZY, and yes they will take several weeks or months to place a rubber stamp in an ink pad and then move it accross and press it down on your licence. There is usually absolutely nothing you can do to speed them up as they are salaried, and not on commission!

SmartiesUK

So would you suggest we pull the plug on the purchase having only paid £2k so far. Its supposed to be ready May and looks like it only needs a wipe down so no worries on that front at least. Just curious as to why if its illegal I can finalise on it?

keithwalters

Whoa! Slow down! I don´t think you understood John and Kaths post fully. By the sounds of it your property is PERFECTLY LEGAL!!!!!!!!!!!

However, it is technically illegal to occupy a property if you don´t have the LFO. That doesn´t stop everyone from doing it though.

There have been a few instances where people have come acropper(?) by completing on a place without an LFO, and then never getting it. However, if you have bought on an urb and other properties on that urb have had their licences approved then it is just a question of time before the lazy bureaucrats get around to doing yours.

I should relax if I were you. Check that other properties have got their licences (don´t take the agents word for it) and then complete at your leisure.

SmartiesUK

Hmmm getting twitchy now its coming to the 20% deposit stage. I am flying over again on Tuesday next week for one last look around so will knock on a few doors and get some invaluable feedback I hope, something I could not do on the viewing trip. Thanks Keith

keithwalters

You can get a lot of invaluable information on forums like these, but forums are a double edged sword as apart from inform, they can also instill fear and panic where it is not warranted.

For what it´s worth your original post sounds absolutely 100% normal to me and wouldn´t worry me in the least. Just make sure that other properties in the same urb have got their licences and then you know that you can complete on yours in full knowledge that your LFO is on the way (and enjoy free leccy and water in the meantime).

If you can´t confirm that other houses on the urb have their licences, then just tell the builder that you want to wait for the licence to come through before you complete. You´ll have to wait about 2 months ish depending on your local authority.

Beachcomber

You should not allow yourself to be bullied into completing until the LFO is in place.

The developer cannot oblige you to complete or to pay any further money until all of the paperwork is in order.

jdr

Too true, get the paperwork first.
You are not breaching the contract, but the builder is if he expects you to sign without it.
What happens if you pay up and don`t get the LFO ?
You will be left with a house you cant sell.
Builders electric and water is for the builder only and should be disconnected on the sale.
If you buy the property and use his supply even with his nowledge you are technically stealing from the electric and water companies as your name is not on the contracts.
Do not pay all the money till everything is acceptable and legal as you will have no leveredge for getting snagging etc done.

I am sure Rixxy will give you the right info when she reads the thread ;-)


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Lionda

This is why we are thinking of pulling out at the end of April, when the 6 months over contract is up. But our mortgage broker has told us that as the licence has been applied for then technically the builders are not in breach of contract as it is out of their hands Therefore if we pull out we lose our deposit (£40,000) Not a chance we can take! We have been assured that all is ok as there are residents on the urb who have been living there since 2002 and they are quite happy there. Luckily there is a forum board for our urb so I have been asking questions and reading what others have to say on there. I have to admit - it is rather tempting to move in and live mortgage free for a few months with free electric and water

Where is Rixxy when you need her RIXXXXXXYYYYYYYYY

SmartiesUK

Argggg now this I dont need. I cannot stay here not working I cant afford to. I need to get to Spain where its cheap Really, dont pay any money, even the 20% deposit? surely I have to pay that?

SmartiesUK

Mortgage free how do you work that out then

Lionda

The bank won't release any money until the licence has been granted by the Town Hall, therefore it is possible to move in provided the builder has received a letter from the bank saying a mortgage has been granted. Our bank has sent this letter to our builders and has also been on the phone to them also our mortgage broker has spoken with the builders. The solicitor who has already moved in (as his property is over contract date) had moved over and was living in rented accommodation in Castalla town. Once he received an ok from the builders he moved into his property. The builders were happy to let him do this as they are obliged to pay his rent. He isn't paying a mortgage or water or electricity bills until the licence is issued. Same position as us. We are just waiting for the go ahead from the builder.