Licence of first occupation
#62
Re: Licence of first occupation
I have to say that I used an independent solicitor and he assured me it was okay to complete my property purchase without the LFO. So I am inclined to agree with your quote.
#63
luna~sea..its a lifestyle
Joined: Feb 2007
Location: Getting In Touch With My Dysfunctional Side...
Posts: 1,926
Re: Licence of first occupation
Hi Smarties,
I thought this was a good read, as well as this.
Maybe print it out and have it handy when you go for your next visit
Always be sure to get things down in writing. Employ an independent solicitor. DO NOT USE the estate agent's recommendation under ANY circumstances.
I'm sure everything will work out well.
Best of luck
I thought this was a good read, as well as this.
Maybe print it out and have it handy when you go for your next visit
Always be sure to get things down in writing. Employ an independent solicitor. DO NOT USE the estate agent's recommendation under ANY circumstances.
I'm sure everything will work out well.
Best of luck
Last edited by MnM; Mar 16th 2007 at 2:13 pm.
#64
Re: Licence of first occupation
Handy links, but that advertising bar going through the text is annoying in the second link. ;-(
#65
luna~sea..its a lifestyle
Joined: Feb 2007
Location: Getting In Touch With My Dysfunctional Side...
Posts: 1,926
#67
Re: Licence of first occupation
Mitzipurr, you mentioned "licence to build". Smarties question was about the LFO, not the licencia de obras.
Correct me if I am wrong, but I think the villas in Chiclana were lacking the licencia de obras and are therefore naturally illegal.
JDR - I´ve never heard about the LFOs being given by default. That´s a new one on me.
As for the solicitor, yes of course get an independant one. But (without checking all the way back through the thread) I don´t think Smarties has told us that his solicitor ISNT independant.
What alarms me the most is the fact that Smarties gives us a scenario in which there is nothing untoward (although, granted, we don´t know the whole story), receives "advice" which causes him to panic and consider backing out of the purchase of his dream villa, and I feel like I am the only one trying to encourage rational thinking!
Here I tell a little story:
Mr Developer decides to build an urbanisation of villas. He gets his licencia de obras and begins work. When he finishes building the villas he puts in his application to the town hall for the LFO, knowing full well that this will take a few weeks/months to be approved as this is normal in Spain.
The Local Authority are in the process of issuing the LFOs to Mr Developer´s villas when along comes Mr Smarties. Mr Smarties falls in love with one of the villas and pays a deposit to reserve one. Mr Smarties then goes onto the BE forum and receives lots of well meaning advice about breaking the law, fires burning down his neighbours houses, not getting connected to electricy and water, & not being able to sell his house in the future.
Naturally Mr Smarties begins to panic and wonder what the hell he has got himself into, so instead of just waiting for the LFO he backs out of the deal and loses his 3000 euros deposit.
Mr Developer can´t quite understand what caused Mr Smarties to pull out as he knows he has built some perfectly legal villas, but he thinks oh well, I got 3000 euros out of it.
Two weeks later Mr Developer sells Mr Smarties´ villa to someone else and the local authority issue the LFO pretty much when expected.
Meanwhile, Mr Smarties is back at square one and the members of BE forum are feeling smug that their "advice" saved Mr Smarties from making some horrible mistake.
So what is the moral of the story? Don´t overreact. Don´t assume that every villa built in Spain is illegally built. If you have any doubts about the the LFO being issued, then just wait until it is before you complete.
DO NOT pull out of the sale and lose 3000 euros because of some duff scaremonging advice you read on a forum.
If Smarties comes back with some genuinely concerning information (eg, no licencia de obras, people on the urbi have been waiting 12 months for LFOs, etc) then I will happily eat my words. But at this moment in time I see nothing but total normality.
Now I´d like to see a little bit of RATIONAL support and advice for someone who is about to give up on their dream because of what you have written.
Correct me if I am wrong, but I think the villas in Chiclana were lacking the licencia de obras and are therefore naturally illegal.
JDR - I´ve never heard about the LFOs being given by default. That´s a new one on me.
As for the solicitor, yes of course get an independant one. But (without checking all the way back through the thread) I don´t think Smarties has told us that his solicitor ISNT independant.
What alarms me the most is the fact that Smarties gives us a scenario in which there is nothing untoward (although, granted, we don´t know the whole story), receives "advice" which causes him to panic and consider backing out of the purchase of his dream villa, and I feel like I am the only one trying to encourage rational thinking!
Here I tell a little story:
Mr Developer decides to build an urbanisation of villas. He gets his licencia de obras and begins work. When he finishes building the villas he puts in his application to the town hall for the LFO, knowing full well that this will take a few weeks/months to be approved as this is normal in Spain.
The Local Authority are in the process of issuing the LFOs to Mr Developer´s villas when along comes Mr Smarties. Mr Smarties falls in love with one of the villas and pays a deposit to reserve one. Mr Smarties then goes onto the BE forum and receives lots of well meaning advice about breaking the law, fires burning down his neighbours houses, not getting connected to electricy and water, & not being able to sell his house in the future.
Naturally Mr Smarties begins to panic and wonder what the hell he has got himself into, so instead of just waiting for the LFO he backs out of the deal and loses his 3000 euros deposit.
Mr Developer can´t quite understand what caused Mr Smarties to pull out as he knows he has built some perfectly legal villas, but he thinks oh well, I got 3000 euros out of it.
Two weeks later Mr Developer sells Mr Smarties´ villa to someone else and the local authority issue the LFO pretty much when expected.
Meanwhile, Mr Smarties is back at square one and the members of BE forum are feeling smug that their "advice" saved Mr Smarties from making some horrible mistake.
So what is the moral of the story? Don´t overreact. Don´t assume that every villa built in Spain is illegally built. If you have any doubts about the the LFO being issued, then just wait until it is before you complete.
DO NOT pull out of the sale and lose 3000 euros because of some duff scaremonging advice you read on a forum.
If Smarties comes back with some genuinely concerning information (eg, no licencia de obras, people on the urbi have been waiting 12 months for LFOs, etc) then I will happily eat my words. But at this moment in time I see nothing but total normality.
Now I´d like to see a little bit of RATIONAL support and advice for someone who is about to give up on their dream because of what you have written.
Yes I will go along with all you say but If Smarties wants to be 100% sure before handing out any more money I would make sure first that the builder has got a licence to build the property. If he has not then it is very unlikly he will be granted his LFO and that could lead to problems with connection to essential services. I am no way trying to put him off just trying to give him some friendly advice. If the worst comes to the worst then there is always another dream home round the corner.
#68
Smarties
Thread Starter
Joined: Jan 2007
Location: Liverpool, soon to be Hondon De Las Nieves
Posts: 238
Re: Licence of first occupation
I have also been sent this from the CE of the company we are buying from:
"All the builders, with which we deal, are vetted to ensure they have the necessary licensing and clarification requirements prior to us entering into a collaboration contract with them.
The issuing of LFO´s therefore is a formality."
All sounds okay I suppose and I have this in writing (email so to speak).
"All the builders, with which we deal, are vetted to ensure they have the necessary licensing and clarification requirements prior to us entering into a collaboration contract with them.
The issuing of LFO´s therefore is a formality."
All sounds okay I suppose and I have this in writing (email so to speak).
#69
BE Forum Addict
Joined: May 2004
Location: Guadalhorce Valley, Málaga
Posts: 1,059
Re: Licence of first occupation
The issuing of an LFO is never a formality.
#70
Re: Licence of first occupation
It sounds like you have no worries then enjoy your new life in the sun
#71
Just Joined
Joined: Sep 2006
Location: Scotland/Chiclana, Spain
Posts: 26
Re: Licence of first occupation
Make sure you have an independant solicitor, please.
#72
Re: Licence of first occupation
There you go! Nothing to worry about - you will be there before us
#73
Re: Licence of first occupation
Bank guarantee? Don't forget, it's v important!
For a bit of light reading please read through these posts and many similar ones on the subject of the perils of completing without an LFO:
http://www.spanishpropertyinsight.co...pic.php?t=1057
http://www.spanishpropertyinsight.co...pic.php?t=1940
http://www.spanishpropertyinsight.co...pic.php?t=1425
http://www.spanishpropertyinsight.co...pic.php?t=1402
http://www.spanishpropertyinsight.co...pic.php?t=1204
http://www.spanishpropertyinsight.co...opic.php?t=612
http://www.spanishpropertyinsight.co...pic.php?t=1148
For a bit of light reading please read through these posts and many similar ones on the subject of the perils of completing without an LFO:
http://www.spanishpropertyinsight.co...pic.php?t=1057
http://www.spanishpropertyinsight.co...pic.php?t=1940
http://www.spanishpropertyinsight.co...pic.php?t=1425
http://www.spanishpropertyinsight.co...pic.php?t=1402
http://www.spanishpropertyinsight.co...pic.php?t=1204
http://www.spanishpropertyinsight.co...opic.php?t=612
http://www.spanishpropertyinsight.co...pic.php?t=1148