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Licence of first occupation

Licence of first occupation

Old Mar 16th 2007, 11:59 am
  #61  
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Default Re: Licence of first occupation

Originally Posted by SmartiesUK View Post
I have been offered the mortgage already, applied about 2 weeks ago and had the official thumbs up already!
But do they know there is no licence yet ?
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Old Mar 16th 2007, 12:00 pm
  #62  
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Default Re: Licence of first occupation

Originally Posted by Beachcomber View Post
Ninety per cent of Spanish lawyers are either corrupt or incompetent and the other ten per cent are likely to view property conveyancing as not being worthy of their talents.
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.
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Old Mar 16th 2007, 2:08 pm
  #63  
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Default 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

Last edited by MnM; Mar 16th 2007 at 2:13 pm.
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Old Mar 16th 2007, 2:26 pm
  #64  
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Default Re: Licence of first occupation

Handy links, but that advertising bar going through the text is annoying in the second link. ;-(
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Old Mar 16th 2007, 2:34 pm
  #65  
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Default Re: Licence of first occupation

Originally Posted by jdr View Post
Handy links, but that advertising bar going through the text is annoying in the second link. ;-(
Sorry about that jdr, I didn't know. I have pop-ups disabled on my browser so I wasn't aware.
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Old Mar 16th 2007, 2:47 pm
  #66  
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Default Re: Licence of first occupation

Originally Posted by MnM View Post
Sorry about that jdr, I didn't know. I have pop-ups disabled on my browser so I wasn't aware.
I have popups disabled on mine too but still get it, but no worries, it just makes it hard to read, but maybe its just my browser. Opera.
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Old Mar 16th 2007, 4:36 pm
  #67  
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Default Re: Licence of first occupation

Originally Posted by keithwalters View Post
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.

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.
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Old Mar 16th 2007, 4:43 pm
  #68  
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Default 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).
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Old Mar 16th 2007, 4:50 pm
  #69  
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Default Re: Licence of first occupation

The issuing of an LFO is never a formality.
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Old Mar 16th 2007, 4:56 pm
  #70  
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Default Re: Licence of first occupation

It sounds like you have no worries then enjoy your new life in the sun
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Old Mar 16th 2007, 5:01 pm
  #71  
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Default Re: Licence of first occupation

Make sure you have an independant solicitor, please.
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Old Mar 16th 2007, 5:26 pm
  #72  
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Default Re: Licence of first occupation

There you go! Nothing to worry about - you will be there before us
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Old Mar 16th 2007, 7:05 pm
  #73  
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Default 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
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Old Mar 16th 2007, 9:47 pm
  #74  
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Default Re: Licence of first occupation

Originally Posted by Lionda View Post
There you go! Nothing to worry about - you will be there before us
Well thats a sure bet Lionda .. the speed he goes he will be in suntanned and moved back before i even get the house sold
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Old Mar 16th 2007, 9:50 pm
  #75  
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Default Re: Licence of first occupation

Originally Posted by SmartiesUK View Post
I have been offered the mortgage already, applied about 2 weeks ago and had the official thumbs up already!
Is the mortgage with a British lender or Spanish Smarties ??
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