UK Paramedic

I'll speak to my solicitor on Monday to see if he can find out whether the COFH has now been applied for..if it has then I'll almost certainly wait for it.

If the builder is  planning on waiting for phase 4 (which I really can't see) then we'll see if we can persuade him not to, and if that fails we'll have to think again.

But I'm really not keen to wait until mid year to complete

Looking back at my solicitor's mail

At present they have in their possession the Certificate of Final Works and the application for the 10 year guarantee.  Until the constructors receive the guarantee, they are not able to sign before the notary for the Act of the Final Works.  Thereafter they can apply for the Certificate of Habitation. 

If Nick is saying that the guarantee is now available then hopefully the builder will be in the process of applying for the COFH...

As I said before I cannot complete until the COFH is in place as my Spanish bank will not release the funds without it. 

My solicitor also advices me to wait as he says, (excuse his English)

"if you take over the property without the first occupancy licence( cédula de habitabilidad) you can not contract the services from the main supplies companies ( gas, water or electricity), and your water and electricity would be from the building site. Other interesting thing when buying without the cédula is that the property can not be registered as a finished one and therefore you are not covered by the 10 year insurance. What would happen if the builder would go to bankruptcy? Who will register the property as a finished one? Who will provide with water and electricity? "

I know it's frustrating having a finished apartment and not being able to get in but it should happen and we can all celebrate with a drink by the pool!

What is Certificate of Habitation and why is it important

A. . If the property conforms to regulations it will be granted the appropriate residential-use licence by the local government Certificate of Habitation (Cédula de habitabilidad o licencia de primera ocupación). Due to the demands on the Town Halls there are backlogs and it can take months get these licenses issued. In Spain there are thousands of properties that are still waiting for these Certificates. Without the Certificate you should not be using or renting out the property and rental agencies will often ask for a copy, before they agree to rent out the property.

On a recent UK TV program, some owners that were having major problems with water and electricity supplies were described as legally squatting in their own properties but it was ruled that they had no legal rights to demand utilities from the local suppliers.

The consequences of not having this Certificate are numerous including those national utility suppliers water; gas and electricity are not permitted to make permanent connections to the property so the developer should provide services until the Certificate is issued. The Town Hall will not recognise the property and, as you will not be paying local taxes you may not be able to register on the Padron, the local electrical role, and obtain medical registration or schooling for children.

The type of advice on this varies but most independent lawyer’s advice is that you should not complete on the purchase, unless the Certificate of Habitation has been issued. Your lawyer should ask the developer about the issue, prior to the snagging inspection, and provide you with a copy.

The developer may state that the Certificate has been applied for and will be granted within a set period and in this case you should ask for a copy of the application and get the lawyer to check the normal processing period at the local Town Hall.

Hello all, just back last night.   All is sorted out.   Pilar got documents from the Land Registry office on Wed.  We understand that in about  two weeks time all will be sorted for us to sign.   We have a flight booked for a few days at the end of March anyway.   Got a lot sorted - Security grills and Air con.   Also bought lovely couches from Furniture Zone.   Went to La Zenia and got our bedding from Changing Rooms.   I will upload photos later.   The pool is superb with space around for some deck chairs and the view breath taking. Talk to you later.

The person we got to do the Security Grills is Andy....English.   His parents are living in Lunamar Phase 1 (?). Very nice. Golf Invest office recommend him.   He came and measured up for us.   We agreed we would like him to go ahead and it would take approx six weeks.    He is also a handyman/joiner and would/will do light fitting, curtain rails etc.  He lives about half an hour away. His mobile is 0034618498566.

For the Air Condition he too came while we were there.   We were able to get the key and go and see our apartment. He measured up and he is Steve Hemingway.   Sunline our agents recommended him.   Again English and very nice. The company is koolklimate.com and his email is s.hemingway1@broadbandcb.com

Hope this helps

This is also what my bank manager in Spain told me as well.

Dear All

Ive got a copy of this document which was signed on the 30th January, It is a stamped and signed certificate declaring the build complete and along with the building licence, first occupation certificate, ten year insurance enable the escrutura to be signed on completion date by the notary.

CERTIFICADO FINAL DE OBRA: The architect's certificate that the construction had been finished in compliance with building regulations

If you want to send me your email addresses i will forward on to you, no need for John i have yours and will send copy today.

Hope it helps you all.  

Nick 

I sent this to my solicitor and he replied as follows:

This is the certificate from the Architect (with the stamp of the College of Architect in Alicante) confirming that 12 houses and garages in fase 3 in Area de la Bodega, in Daya Nueva has been finished. This is one of the documents (jointly with the policy of the ten year guarantee insurance and the "licencias de ocupación" of each property) that the builder needs to present before the Notary Public and sign the Acta Final de Obra, which thereafter will be presented in the Land Registry.

So it's not sufficient for me (and I suspect paul) to complete

Just received an email from Pilar and she says they have the " licencia de 1ª Ocupación" and they are just waiting for the Acta Final de Obras.

Looks like things are moving! 

Hi all, I guess you have all been contacted now that the '.... Final de Obra' and 'Licencias de ocupacion are through.   We are signing with the Notary in Almoradi on Wed 2nd April and very excited about it.   Our Agent was out today to check our snag list and confirmed that all is in order and it has got a builders clean up.    Deep Freeze Washing machine etc are in place.

I would like to correct one item I mentioned on Andy - he can provide the Security gates within 6 days.   Regards

Hello from Spain - spoke to Jannika and she told me on Friday that the Acta will not be through until April 8th.

Really frustrating being in my apartment but not being able to stay there.

Nevertheless the apartments are great and I´ve already ordered a bed and bunk beds from the Furniture Zone who will hold on to them until I can get out again at the end of May.

Got Danny coming tomorrow to give me a price on the grills.

Best wishes

Paul