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Licence of first occupation

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Old Mar 15th 2007 | 7:38 am
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Default Re: Licence of first occupation

Originally Posted by SmartiesUK
I am purchasing through a major developer and paying over the odds for what I thought was peace of mind. The solicitor, well they are taking care of all that though this LFO was never discussed at any stage not once.
He must be a really good solicitor, not to mention the most important part of the buying.
 
Old Mar 15th 2007 | 7:43 am
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Default Re: Licence of first occupation

And what is the crap you think he has read ?
 
Old Mar 15th 2007 | 7:47 am
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Smile Re: Licence of first occupation

Originally Posted by 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.
Hi all,
Would that meant that you would live there mortgage FREE for say several months until paperwork completed? Or does it mean that those few months would be added to the end of the term of the mortgage?
 
Old Mar 15th 2007 | 7:50 am
  #34  
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Default Re: Licence of first occupation

Originally Posted by jdr
And what is the crap you think he has read ?
The part that seems to have made him think he has paid a deposit on an illegal property and consider pulling out of the deal.

What has Smarties said that makes anyone think the property is illegal? Absolutely nothing. You wouldn´t expect a newly finished property to have its LFO yet.
 
Old Mar 15th 2007 | 7:52 am
  #35  
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Default Re: Licence of first occupation

Originally Posted by chrisw
Hi all,
Would that meant that you would live there mortgage FREE for say several months until paperwork completed? Or does it mean that those few months would be added to the end of the term of the mortgage?

The mortgage will not start until the licence has been stamped. Up until that happens no money changes hands and it is not added to the end of the mortgage - it is MORTGAGE FREE
 
Old Mar 15th 2007 | 7:56 am
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Smile Re: Licence of first occupation

Originally Posted by Lionda
The mortgage will not start until the licence has been stamped. Up until that happens no money changes hands and it is not added to the end of the mortgage - it is MORTGAGE FREE
BARGAIN!! How cool is that? Nice one Lionda!
 
Old Mar 15th 2007 | 7:56 am
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Default Re: Licence of first occupation

Smarties I have taken another look at the link you provided in another thread. It all looks bona fida to me. Looks like you've got a nice property there and I can't see why you would need to worry. Go back and take another look, ask a few of the other property owners how they like it there. Ask, ask ask until people start to cross the road to avoid you. As I have said, we have been advised that the LFO is nothing to worry about and will happen in time - Spanish time! Our reason for thinking about pulling out is the length of time it has taken our builders - we put our names down in May 2004! They keep moving the completion date. We are just getting fed-up.
 
Old Mar 15th 2007 | 7:57 am
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Default Re: Licence of first occupation

Originally Posted by keithwalters
The part that seems to have made him think he has paid a deposit on an illegal property and consider pulling out of the deal.

What has Smarties said that makes anyone think the property is illegal? Absolutely nothing. You wouldn´t expect a newly finished property to have its LFO yet.
If the property does not have a licence to build then it is illegal!
 
Old Mar 15th 2007 | 7:57 am
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Default Re: Licence of first occupation

Originally Posted by keithwalters
The part that seems to have made him think he has paid a deposit on an illegal property and consider pulling out of the deal.

What has Smarties said that makes anyone think the property is illegal? Absolutely nothing. You wouldn´t expect a newly finished property to have its LFO yet.
Why not, it is illegal for the builder to sell a property to live in if it has not got a habitation licence.
You will find now it is getting very difficult to get a mortgage unless it is in place, things are changing from the old days cos so many people have come unstuck.
 
Old Mar 15th 2007 | 8:01 am
  #40  
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Default Re: Licence of first occupation

Originally Posted by mitzipurr
If the property does not have a licence to build then it is illegal!
Smarties has made no mention of the property not have having its licencia de obras. So why would you assume that?
 
Old Mar 15th 2007 | 9:29 am
  #41  
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Default Re: Licence of first occupation

Originally Posted by SmartiesUK
I asked the question and got this response:
"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."
From the OP it is obvious that the builder is expecting SmartiesUK to complete and "take over" the property while still being on builder's water and electricity supplies and BEFORE the LFO is obtained. The general concensus of professional opinion is that it is unwise to complete without an LFO in place.
SmartiesUK - is there a bank guarantee in place? This is another v important thing that your lawyer should ensure for you.
 
Old Mar 15th 2007 | 9:46 am
  #42  
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Default Re: Licence of first occupation

This is what a good builder does if the LFO`s are late arriving, he just waits, this urbi has been finished for a few months now and were all sold off plan.....
Attached Thumbnails Licence of first occupation-hpim1137.jpg  
 
Old Mar 15th 2007 | 10:21 am
  #43  
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Default Re: Licence of first occupation

Originally Posted by jdr
This is what a good builder does if the LFO`s are late arriving, he just waits, this urbi has been finished for a few months now and were all sold off plan.....
If the urbi in your photo has been finished for several months and there is still no LFO, that would suggest some kind of problem to me.

According to the information from Smarties, the LFOs in his development are not late arriving - two months is perfectly normal, and apparantly some of the houses on Smartie´s development have received their LFOs already (again, different from your scenario).

I see nothing in Smarties situation that should cause him to panic and pull out of the deal as it seems he is considering doing based on things he has read on this forum.

Now if six months down the line Smartie´s villa still doesn´t have its LFO, well that would be a different story. But so far everything is completely within the realms of normality.
 
Old Mar 15th 2007 | 10:41 am
  #44  
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Default Re: Licence of first occupation

Originally Posted by keithwalters
Smarties, PLEASE PLEASE PLEASE be very careful about how you are interpreting the advice that is being given to you here.

By the sounds of your comments, eg withdrawing from the purchase seem to suggest that you believe you have put a deposit down on an ILLEGAL PROPERTY. I have read nothing so far to suggest that you have purchased an illegally built property. Why do you think you need to pull out???????

The delay between the property being physically finished, and having all its paperwork in place is ABSOLUTELY NORMAL. I wouldn´t expect it any other way!

It is also absolutely normal for people to complete on properties that do not yet have their LFOs in place - however, the British tend to be a little more "by the book" than the Spanish and many prefer not to complete without the LFO. That is absolutely fine, and they are well within their rights not to do so.

HOWEVER, pulling out of the sale altogether because the property doesn´t have its LFO yet is LUNACY!!!!!!!!! (and breach of the contract no doubt)

When you purchase a property off-plan (which technically you have done as you are buying from a developer) there is NEVER an LFO in place. How can there be?

If you want to be super duper sure, just tell the developer you are going to delay completion until the paperwork is stamped - but for god´s sake don´t pull out of the sale just because of some crap that you have read on a forum!!

For my part the only advice I am giving is get an independent solicitor before you go any further. I have no qualms with new builds if the research has been done properly, but time and time and time again the advice on this forum and others is always to get an independent solicitor, and it always frightens me when people don't.
 
Old Mar 15th 2007 | 10:43 am
  #45  
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Default Re: Licence of first occupation

The strange thing is I have heard that the LFO`s are given by default if the inspector doesn`t check out the property within two months of the application.
Leaving maybe a loophole for the dodgy builders to get the paperwork.

Rixxy ??
 


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