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Manilva Beach forum threads
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26 Jul 2007 12:00 AM by KaLe Star rating. 39 forum posts Send private message

post belongs to the following thread: Habitation licence




For a property to be completed it has to be acceptable as a building and within planning permission. Very briefly, the Architect provides the Building Completion Licence through his Colegio, which confirms that the building has been completed in compliance with the building regulations. Sometime! errors are subsequently found and the licence has to be reviewed retrospectively. That licence is then submitted to the Town Hall who then review the property and confirm that all is correct within the planning process by issuing a First Occupation Licence (FOL). (Habitation Certificate). Only then can the property have its own individual connection to the water and electricity supplies. A developer, no matter what the contract states, cannot force anybody to pay for their property if it does not have its FOL. There can be months of delays in obtaining that, not being the developers fault, but due to under staffing at the Town Hall. Some developers have tried using the policy of 'Administrative Silence' to obtain the FOL. This is a quirk of the Spanish law where if an administration does not reply to a request within three months, that request can be assumed to be approved. However, there are big questions as to whether that applies to FOL's and if the authorities do eventually inspect the property for any reason and find it doesn't comply, the assumed FOL will be invalidated. Best not to sign on the basis of that. Then their is the Catastral inspection that confirms the details of the property and registers it in the town Hall for local rates equivalent IBI and other tax matters. etc, etc.




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27 Jul 2007 1:41 PM by Carrie Star rating. 10 forum posts Send private message

Kale,

The 'Habitation Licence' for Manilva Beach was granted last December, though as you are not actually buying on this development I suspect you are unaware of this.

 




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27 Jul 2007 2:35 PM by KaLe Star rating. 39 forum posts Send private message

Hi Carrie

I think you are one of the lucky ones but there are other phases of the development that are yet to receive their LOF and a very good friend of mine is one of those purchasers and is, quite rightly refusing to sign and complete and therefore start paying his mortgage before absolutely everything is in place (on his lawyers advice) and it can be rented

Cheers




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30 Jul 2007 1:21 PM by alltoomuch Star rating. 6 forum posts Send private message

Hi KaLe,

I think you might be mistaken about the Licences for Manilva Beach. I have a property in Block six and the LFO came through a couple of months ago. I have been assured by my lawyer that everything is in place to proceed (apart from some sort of swimming pool licence). If you have any reason to believe that the information I have is incorrect please let me know.

All being well I should be completing next week, before the August 15th deadline.

Cheers,

John.




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