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Had an update from my agent today sent from Carmen @ Finca parcs, its the November progress report and it says that the Finish of Works certificate has been issued and that the first Certificate of Occupation will be issued very shortly!!!
Will try and upload the report
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Glad to hear that the works certificate has been stamped and issued. However, the 'biggy' is of course the Certificate of Habitation which as Inspectorhomes correctly advised a while ago, is a far more complex document to be secured by the developers from the council. The Certificate of Habitation is required for various reasons, in being:
1. to enable services to be connected to the property
2. to legally permit the property to be occupied.
3. to legitimise the phase of the development
4. to ensure that the infrastructure and all the approved elements of the relevant phase are complied with.
I think that that it will be very unlkely that COH will be issued for some time unfortunately due to the amount of work required for its processing and approval.
Do not feel forced to complete the purchase of your property without the COH being issued. This would be most foolish and without the COH having being issued, you cannot legally occupy the property.
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Just to inform you Mr Hendrix, that we have been issued with our final blance for our property, BUT NOT expected to complete without the certificate you mention, so it seems to us that the developer is acting in their purchasers interest as well as their own. Remember the area is not swamped with building the same as the coastal regions so perhaps the process will be quicker, we are still keeping our fingers crossed the same as our neighbors with the hope that we will be there soon.
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Gill at the developer did advise me that people will not be frequired to complete until the COH is available
Also most banks will not now mortgage a property without one
_______________________ Roy Howitt
Independent Property Consultant
www.sonrisaproperties.com
www.snaggingspain.com
WE CAN FIND YOUR DREAM HOME
627 955 748
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Hi Everyone, yes this is true the developer has submitted everything to the town hall and now waiting for the certificate of first occupation to be released for the first 36 properties that have already been completed. We have also been informed that nobody is expected to complete on their property until this certificate is in place, after which each property will be connected to the main services. The following 37 houses are coming up for hand over soon as well so they will also go through the same process. We too are hoping that the Town Hall get their act together soon and get things moving so we can all start enyoying our new homes.
On another note, we have been trying to post the latest photo's on here for you but there seems to be an ongoing problem, we are not the only ones having this problem so we suspect that it is connected with the site rather than a server problem, we have made Justin aware of the problem so hopefully it will be sorted out soon.
We have had many visitors to the site over the past few weeks and the feedback we have received has been very positive especially from clients that have an Esther model, everyone seemed to be vey pleased with the quality design and finish and in most cases have been very pleasantly surprised.
Mandy & Rich
This message was last edited by Ricman on 12/4/2008.
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Just had an e mail from my solicitor saying that the granted building licence issued by Hellin Town Hall for phase 1 has been revoked by the administrive Courts, and as a result could affect the whole project. If things were uncertain before, they're even more uncertain now.
Jim
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This suggests that you have found an infringement when they have carried out the actual inspections for the final licences and may be able to be resolved
This is very unusual in Spain as they normally carry out a series of checks, as in the UK, through the inspection process so it could be quite serious if they have chosed to legally revoke the original licence as stated
_______________________ Roy Howitt
Independent Property Consultant
www.sonrisaproperties.com
www.snaggingspain.com
WE CAN FIND YOUR DREAM HOME
627 955 748
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Hello Tenerife.
We have been in contact with the developer after your posting and they have confirmed that the information you have received from your lawyer is incorrect and all of the licences are still in place and valid.
The developer has also asked for the details of your lawyer which you can PM to us or e-mail direct to the sales office at Cleyton Ges as the Finca Parcs solicitors would like to contact them direct.
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This laywer should be better informed. The licences have not been cancelled. The legal wording that they use here in Spain as "anulado", means that if your provide what they require then there is no problem. If they would have used the wording "NULO" only in that case it would be cancelled. The licenes are still valid, that is the reason why they are still working on side, and the enviromental administration that gave the go ahead to the project, will have to provide only one more little document and thats it.
Do not forget , that this is the first big project in Castilla la Mancha, and that every news coming out from this project will have always a big public reprocussion.
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I am glad to see the comments from Richard as I have stated this is not the normal process after they have been granted and would be very unusual
What can happen is that a builder will build more properties that they have agreed on the original licence and it is revoked
_______________________ Roy Howitt
Independent Property Consultant
www.sonrisaproperties.com
www.snaggingspain.com
WE CAN FIND YOUR DREAM HOME
627 955 748
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My understanding of this position is as follows:
The building license has not totally been cancelled, it is a voidable act and therefore they have to take the process back.
1) On the 27th of April 2007 Cleyton Ges and the Town Hall of Hellin, were taken to the admisnistrative Spanish Courts.
The reason of the legal action was to declare the building licence for phase 1 ,either:
a) Void- Totally cancelled.
b) Voidable- Subject to be ammended.-
Therefore, the case was against the building license for phase 1 issued by the Town Hall of Hellín on the 15th of March 2007 = 105 Detached Villas.
2) The area where the site is being built is a Protected Area and therefore an specific Report from the Environment protection Department was required to the Town Hall before issuing the building license.
3) Cleyton Ges will have to get this Report
- In case they get the report - They will get a final building license.
- In case they do not get the favourable report- They will not get final building license.
I have no idea if this is a major issue or the risk of the required report being unfavourable is high or low. But given that the action was 18 months ago and the required report is still not in place and the fact that the licences have been issued without the report is a little odd.
Please add to the thread if you know anymore.
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Hi Everyone
I am posting the following statement sent by the Finca Parcs Lawyer Tote, explaining the situation about what has been released in the press and in some forums. As you can see there is really no problem.
Regards
Mandy
Dear CLIENTS
Regarding to the recent Sentence released by Judge nº 2 of Albacete , from Cleyton Ges we must remark that, actually, it doesn’t affect the status of the Project, due to the numerous statements from Environmental Department in Castilla-La Mancha in favor of the Las Higuericas Finca Parcs, according to the following declarations:
A) THE WORKS IN LAS HIGUERICAS ARE IN PROGRESS AND NOR THE SENTENCE NOR AUTHORITY HAS ORDERED ANY KIND OF INTERRUPTION OR STOP. AS A MATTER AS FACT THE INTERRUPTION OF THE WORKS WAS REFUSED AND DENIED BY JUDGE.
B) THE SENTENCE ONLY DECLARES THAT THERE IS LEFT A PARTICULAR CERTIFICATION FROM ENVIRONMENTAL DEPARTMENT, according to specific Act, 9/1999. Environmental Department and Hellín Town Hall declared that such a certification had to be understood inside the others specific certifications released along the whole administrative procedure that have taken place from more than 3 years.
C) So, the Sentence declares that although all the works and things have been made are correct and legal, Environmental Department has to ratify the certification detailed in Act 9/1999, Section 30.
D) Although the Certification will be ratified by Environmental Department, as it has been made with the rest of the Legal Certifications, Town Hall in Hellín and Cleyton Ges have appealed the Sentence, because according to the report released from Environmental Department, incorporated to the procedure file, the Sentence is not according to the Law.
So, the abovementioned detailed means that the Sentence is more a formal detail than other thing. A different question is the use that some groups, ecologists and politic party who doesn't want the project, are doing in newspaper and on line web sites. We must remember that the word “anulacion” is a technical word in the Spanish legal framework, but has a different meaning in colloquial language. Please, don’t confuse them.
Finally, we want to remark that if Las Higuericas were not according to Law, the Project had not been approved and the works had been stopped. No such as things have occurred.
Faithfully yours
CLEYTON GES
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I thonk that. looking at the contents, a certain amount of this has been lost in translation
I know that some lawyers have started to advise people but is there anywhere that I can see the formal release, that has been published, in Spanish and detailsof who released the press
_______________________ Roy Howitt
Independent Property Consultant
www.sonrisaproperties.com
www.snaggingspain.com
WE CAN FIND YOUR DREAM HOME
627 955 748
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I thonk that. looking at the contents, a certain amount of this has been lost in translation
I know that some lawyers have started to advise people but is there anywhere that I can see the formal release, that has been published, in Spanish and detailsof who released the press
_______________________ Roy Howitt
Independent Property Consultant
www.sonrisaproperties.com
www.snaggingspain.com
WE CAN FIND YOUR DREAM HOME
627 955 748
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Any joy with a response please where the source information for this statement has been made, if not on the open forum them please PM me as I am sure people would like to see the actual information on the ruling
I understand that it was Fusters that have been writing to clients with this information and asking them what steps to take on their behalf
_______________________ Roy Howitt
Independent Property Consultant
www.sonrisaproperties.com
www.snaggingspain.com
WE CAN FIND YOUR DREAM HOME
627 955 748
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Hi Gerrado and Cleyton Gess,
I really hope that you get a new calendar for xmas because the one you have been using this year must have mystical powers.
Please do not send out any more heavy letters advising that our phase one properties will be ready and we must have all our finances in place until EVERYTHING IS FINISHED AND ALL DOCUMENTATION IS IN PLACE!!
You advised phase one properties would be ready in October, well Hello it's mid december and bearing in mind the present 'outstanding' administrative issues, the outstanding Certificate of Habitation and probably other outstanding works, and of course the notary process, we must be looking at well into the Spring 09.
This project has been one delay after another, whatever happened to the original 2006/07 completion time anyway.
I really do feel sorry for the purchasers who were really looking forward to moving into their phase one properties by this xmas, you have let them and their families down.
I have made numerous comments on this forum regarding timeframe and progress because it has always been a major concern of mine regarding this scheme.
Your inability to communicate a realistic completion timeframe is extremely poor.
Finally, Gerrado, I have emailed Santa to bring you a new calendar for xmas but as your chimney probably won't be finished in time, don't hold you breath!!!
Merry xmas and a happy new year to all our readers.
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