El blog de Maria

Some arguments offered to those fighting today in the petition in Madrid. Arguments coming from Room 4 of the Malaga Appeal Court ( minor sorurce of Case Law in Spain), this quoting our  National Supreme Court ( Major source of Case Law in Spain).

The first occupation of buildings is subject to administrative planning license: first occupation license. This legal requirement is mentioned in provision 21.1 of Local Corporations Regulation Services and provision 1.10 of Town Planning Discipline Regulations.
 
The lack of First Occupation License is a cause for contract cancellation according to settled case law of the Supreme Court (SSTS of 19 January 1990, 24 February and 26 April 1993, April 18, 1994, 28 May 1996 and 23 October 1997).

The risks arising from administrative and planning issues affecting the houses, which were not known by the purchasers at the moment of signing the private contracts, need not be borne by them. So.... the lack of them (due to administrative, planning problems) is clearly a breach of contract of the vendor, who is obliged to deliver a building equipped with the necessary administrative permits and licenses. (that is the object of the contract)

Malaga Appeal Court also states, that the “So-called first occupation license  has no other purpose than that of contrasting that the building has observed what was approved by the Local Council through the building permit, this involves checking if they have met or not the conditions of this building permit and if the building meets the appropriate conditions of security and sanitation and can be enabled for the use to which it is intended.

Such license is also configured as a gateway to the contract of power supplies and the obligation to apply for such license is of the person who holds the building license ( the developer).

Some Supreme Court Case Law on the topic:

-    (STS 3-11-99): “If the house does not have the license can not be of lawful use or occupation”.

-    (STS 30-11-84): "A thing is the finishing of the work, which is accredited by the relevant end of works certificate by the Architect and quite another is the issuance of the certificate of occupancy, which concerns the Administration and authorizes the property to be used”.

-    (STS 30-09-1987) "The said certificate of end of works is a prerequisite for obtaining the Certificate of Habitability, which certifies the safety and healthy conditions of the house for occupation and allows the hiring of water supply and electricity

-    (STS 11-12-1995 "There is no point about finishing the building or  placing the furniture or even,  delivering the apartments unless those are accompanied by their respective licenses”

-    (STS 11-12-1995) "The physical completion of the work without obtaining licenses for habitation and occupation means the contract can not be considered completely fulfilled”.

Autumn in Jardin del Principe, Aranjuez, Spain by Gusjer at Flickr.com