occupation licence and valuations

 Were we not to hear of the licence issue this month october 2009, or is it the old story. Has anyone heard anything?

I noticed recently a repossessed property in La Reserva on a bank web site for sale for over 230,000.00 so it would appear that distressed properties are not giveaways.  I also see some on web sites for sale at 160,000plus mark.  I wounder have we reached the bottom with these figures.  The licence issue is so important to La Reserva as it is the best priced property on the coast especially for its location in Marbella. I really feel if we had the licence things would be a lot different and prices would be more stable. I know people say that they are not interested in valuations as they bought to enjoy but its important that you hold the price you purchased at for many reasons in the development and who knows maybe someday one might like to move to a bigger/smaller property and it would be nice to think you made a little profit on your investment.

Where can we get keys for the green gate and the auto garage gate as we seem to have mislaid ours Manz 6 block 4.

Lets wait for the licence and it has already been a long one.

 Do i hear right that the junta de Andulucia are giving a 1 billon subsidy to residents to buy up discounted property with 100 per cent mortgages interest only for 3 years and further 5 year terms.  Well if so its a bargain, people would better buy than rent.

This may well be the turning point for people trying to sell their property as demand should increase when the glut of property is bought up under the scheme.

For those trying to buy it may well be that the market has reached the bottom and will start to turn very soon as the subsidy only last until end of 2010 and I think residents will snap up property under this deal.

This is what the costa needed to bring the property market back.

When will we get the licences...........????????

Just found a news item on typically spanish last night posted in October 26 09 

3000 reisdents seeking legal action against the town plan if it is approved, group lawyer Inmaculada Galvez is to contest in the courts.   So we could be at this for years to come . They are against any amnesty and seem to want to demolish all illegal buildings. 

Lets hope common sence will be applied

ANY NEWS WELCOME

Dont worry we will get the licence soon and when we do we will see what a fine developement we really have in such a fine location in Marbella and a short distance to one of the finest beaches on the Costa del sol.  I really think the worst is over and 2010 will be an interesting one.  La reserva is a well constructed developement and will gardens will improve with the years.

Hello, new to the Forum. Does anybody posess accurate information on Manzana 4?

Regarding FOL, and I  d be curious to see if anyone has successfully sold their property within the last year?

Regards to all at La Reserva de Marbella.

Baba

The licence issue is solved for La Reserva.  Marbella is the first city in europe that seems to be recovering in the property market .  Sales in Marbella are up jan feb and mar by up to 200% on same period last year.  The figures are there.  Something is happening.  La Reserva is now a fantastic developement is a super location In Marbella. Prices will start to go up but where in Marbella can anyone buy a very nice 2 bedroom apartment, living area, kitchen and 2 bathrooms and also large terrace for the prices in La Reserva. Beautiful gardens and pools, restaurant, bar and shop on site. What more can one ask for and Capinoport and Beach , thee best on the Coast.

So to all in La Reserva I think your day has come and to all wishing to buy here hurry up, The market is recovering and prices will start to go up soon and go up more in Sept 2010. People are looking for sun following all the doom and gloom of weather, recession and financial crisis. We are all sick of it for the past 3years.  Lets move on.

I wouldn't know about the prices but La Reserva is in a fantastic position with regard to its location.  Cabopino must be, if not the best, then one of the best beaches on the Costa del Sol and stretches for miles.  What more could anyone want.   The developmnt is maturing and looking very nice.    Totally agree with the last post.

Appreciate the sentiment expressed by ASDFGHJKL about "we now have the licence" and prices going up - all very positive.

Where is the confirmation of the licence?  I have looked as best I can at the Plan on the Marbella website - can see no "specific" reference to LRDM being "approved" / "legalised" or whatever term one wishes to adopt.

Can ASDFGHJKL please confirm the basis on which their statement is based.

We all are anxious to put this issue behind us, but where is the confirmation in the PGOU? Can I again ask that if anyone has such confirmation please scan your document and publish it on the website.

Many thanks

i  read in the surinenglish pdf. last week that the junta is only now publishing the the pgou in a legal journal that finally brings the plan into action. So knowing Spain it may be some time before any actual paper work is printed. Lawbird had on their web site a full list of the developemnets to be legalised in the marbella pgou and the land deals expected from the developers. i will ask the community members if they have heard any more. LOOKS LIKE MY WEEK IN SPAIN IS GOING UP IN A DUST CLOUD.we have been looking forward to going to spain for weeks

. is this the icelandic banks getting there own back!!!

best wishes james

Any news on the issuing of licenses in MARBELLA, I know we where mentioned in the  Sur in June BUT THE SENT HAS GONE COLD AS USUAL.

The fraud case has started in Malaga so do we now have to wait for the outcme of this. Does anyone have any information locally

best wishes everyone

To all those interested La Reserva is mentioned in the PGOU. Go to belegal.com, a very good site..type in PGOU in the search at the top of the page, scroll down to second article click on this and you will find a list of urbanisations included in the plan and a mention of the land they have to give to the council.

Latest news on La Reserva and it's licences- The developer still has not given land as compensation. He is also in dispute with the Town Hall because he says he gave land years ago. As far as I can gather if he does not sort this out by a cut off date May I think, the Town Hall will start legal proceedings. He is also involved in a fraud case(Malaya). He has appealed aginst a ruling for him to give back deposits + interest, costs to some owners from Block 7 who refused to complete because of the irregularity of the First Occupational licence so he has a lot on his plate.

Hope the politicians keep their word about none of this falling on the owners if all else fails, because legally the buildings can be demolished, I really can not see this happening, we have all paid utility bills, IBI etc .but in the mean time we are still in a grey area. The uncertainty carries on and on and on.....

Hopefully some of the owners are going to try and get some definate information next month from the Town Hall regarding our position.

just keep hoping.

I had hoped with the PGOU in place we could all rest thinking our appartments would becpome legal at last.  Its depressing to here this news, this sums up the terrible mess the property market is in Spain. We must all hope the developer can reach agreement with the town hall, the high court in Andalucia is now demanding demolition of illegal properties,  it would be nice to rest in our beds at night ......this has now dragged on since 2006 when the news first broke about marbella coruption.

keep your fingers crossed

 Hi Guys,

Is it just block 7 with the license problems or the whole of the phase 2 development?

Regards

Paul

There is a penthouse for sale for €100,000 in LRDM. PM and i will send the contact details

Court of First Instance number 12 of Malaga has ruled that the discussion on whether a licence of occupancy (licencia de primera ocupación) obtained by administrative silence is valid or not, should not affect bona fide consumers (any consumer unless otherwise proven).

In recent ruling, the Judge has argued that a consumer that buys off-plan property should not be dragged into, and suffer, complex legal debates between a developer, La Reserva de Marbella, and an administrative body, the Marbella Town Hall, as well as the Andalusian Regional Government. The ruling also states that:

• La Reserva de Marbella is still not fully compliant with the policies of the Marbella Development Plan (PGOU), and has serious infrastructure deficiencies.
• Both regional (RD 515/1989) and national (LOE 38/1999) laws stipulate that a consumer is entitled to receive a fully legal licence of occupancy, free from litigation.
• It is not possible to invoke administrative silence, by the mere passing of time, where it demonstrably contravenes planning laws and regulations. The Judge presses on by arguing that administrative silence is to be upheld only if it does not go against both national or EU laws, noting that Spanish laws specify that administrative silence cannot be used to validate situations of illegality.
• 4 years and 10 months from when the property should have been delivered, la Reserva is still unable to offer an unconditional licence of occupancy.
• Completion date needs to be interpreted as a fixed date, and not a mere approximation.
• An unproved strike somewhere down the construction process is not a valid excuse for a 4-year delay in getting a valid licence of occupancy and thus, being able to complete.

Conversely, the Malaga Administrative Courts have ruled on the admissibility of some of these licences and that La Reserva is entitled to them as these were granted pursuant to applicable laws.

The question that remains is: will these Judges ever get together for a pint or two and straighten out -legal- disagreements

  Where to now? I had been told that the developer had won an appeal against the town hall and a judge had said LA RESERVA was now legal. There seems to be no end in site, you would think the developer would want to legalise his development in order to at least be able to sell his stock of apartments.  

Any news of when the new harbour is starting or is that another tall story!!!!

 Just keep chipping away for information I suppose, must be an end to this sometime!!!!!

Hope you are both well.

Sick as a Parrot, anyone know where this phrase originated?? it pretty well sums up where we all are in the scheme of things I think!!!