Is a 5 year wait a record or the norm?

 

Hi All,

Has anyone received any pre-completion statement of final costs confirming legal fees, utility connection fees etc from their Abagado? I have been phoning and emailing mine for the last two weeks and she has yet still to reply, I find this a little concerning as we are supposedly very close to completion.

Also spoke to Perla again on Monday and she confirmed that they are all getting excited in the developer’s office, as Don Juan is due to complete next month. Whats the betting that there may be a last minute problem that is not the developer’s fault and completions delayed until August?

Some further news from my solicitor yesterday:

I contacted yesterday with your Developer in order to achieve an update. The Developer has informed me that the Town Hall of Fuengirola was set up last Saturday and it started working last Monday the 18^th. The plenary session of the Town Hall will restart from next week so the Developer believes that the First Occupation Licence could be achieve, if everything is going all right, at the beginning of July and then,  they will start to contact the Purchaser’s lawyers in order to arrange the appointments to sign the Title Deeds

So all systems go for first completions starting around 15th July.....?

This is what we have received from our solicitor today regarding completion.

In Fuengirola, on the 21st of June 2007


Dear owners at Don Juan:

I hereby inform you that with today’s date we have received a letter from the Promoter with the following summarised contents:

The Promoter wants to inform us about the completion of the apartments located at Residencial Don Juan, Phase I, in Carvajal.

They state that his Company has concluded the building according to the agreement (see private purchase contract), and also has applied for the First Occupancy Licence at the Townhall on time.

Because the Townhall did not respond to the said application for a considerable time, the representative of the Promoter held a meeting with the corresponding departments. He was informed that although Don Juan has been built according to the project and under a valid Building Licence, there is one road that goes parallel to the train railway that has to be built and also some infrastructure jobs on this area that should be concluded. As soon as ARROHABITATGE knows about this situation, the technicians hold several meetings to see how this problem could be sorted out. The final proposal was to build a provisional service road with access to the Urbanisation and to “Don Juan I”. On the 12th of June 2007, the Townhall has granted authorisation to ARROHABITATGE to build this provisional road, which is being executed now.

Once these works conclude, the Licence will be granted.

The previous text is the contents of the letter which we have received. Being realistic, I do not think that completion will take place during the next two weeks. I will contact ARROHABITATGE today in order to ask how long these works will take.

Kind regards,


TERESA PÉREZ DEL VALLE
Abogado

 

 

That is the same info I received from my lawyer a few days back. Personally I cannot see completion happening till towards end of July or possibly begining of August. Still I suppose it is a good thing that the town hall insist on getting this access road built as I cannot see the developers doing anything about this in a hurry once we have all paid up! and then we'd have to constantly drive up a dirt road to get to the development. On the other hand you would think that the developer should have known about this requirement prior to applying to the town hall for the license and sorted things out beforehand.

This is a joke I cant belive that developer they just seem to try to get away with as much as they can, its very annoying, god knows how long it will take them to build this road, at the rate they are going we will be lucky to have it for next summer.

Have they put the hand rails into the pools yet?

have they done the garden areas that were  promised either.

I was just looking at there brosure and the pictures shown are a far cry from what we got there were no ugly geen chicken wire fences everywhere

Have alook at the photo i posted

I have flights booked for October! This is not because I don't expect to complete until then - this was planned as our next trip out after completion. We wont book those flights until the licence is actually issued.

You can view the letter from ARROHABITATGE negatively or positively. I view it positively. If they have put this in writing they must be clear on what needs to be done to get the licence and how long this will take. However there is the process of setting up completion meetings etc to be gone through after the licence is issued so I expect (and hope!) end of July \ beginning of August is possible for actual completion. Max if you are out for a walk tomorrow please let us know if there is any sign of this "provisional road" being built.

This subject is clearly the most important to all of us - just look at the number of views and posts it has compared to other all the rest!

This message was last edited by davmunster on 6/23/2007.

I have an apartment in DJ phase II. I was advised by my solicitor today that completion for this phase is due in November - rather than the original July / August

Hi New Boy,

In what block in phase 2, have you bought an apartment, we are in Block 1.

Hi all,

Last week I asked Arrohabitatge about the expected hand over of Phase II apartments, and today I recived the message below:

######

Dear Lars,

We have already applied for the first occupacy license for Don Juan Phase II. I'll be able to answer your question once we get the license from the Townhall.

Regards,

Perla Benhamú

Arrohabitatge, S.A.

######

I'm aware of the situation with the road issue blocking for phase I, and I guess that all Phase I apartments will be delivered first, and then it seems like they (Arrohabitatge) will continue with Phase II, as soon as Phase I is handled. What this is converted to Days, Weeks and/or Months I don't know.

This message was last edited by wichmann on 6/26/2007.

This message was last edited by wichmann on 6/26/2007.

This a reply from my solicitor regarding completion.

The promoter states that he has concluded the building according to the agreement (see private purchase contract) and also has applied for the First occupancy License on time.

Because the Townhall did not respond to the application for a considerable amount of time, the representative of the promoter held a meeting with the corresponding departments. He was informed that although Don Juan had been built according to the project and under a valid building license, there is one road that goes parallel to the railway line taht has to be built and also some infrastructure jobs on this area that should be concluded. As soon as Arrohabitage know about this situation, the technicians held several meetings to see how this problem could be sorted out. The final proposal was to builld a provisional service road with access to the Urbanisation and to Don Juan 1. On the 12th of June 2007, the Townhall granted permission to build this provisional road, which is being executed now.

Once these works conclude, the license will be granted.

Being realistic I dont expect completion to happen for atleast the next two weeks.

 

Hope this helps.

Westport

 

Hi All,

I left a telephone message for my Abagado to call me back, and she did!!!!

She advised the following :- The developer will try to build the new road and get the 1st occupation licence before the end of July, if this doesn't happen she said that we could have a problem as nothing will get done during the month of August due to the Spanish National shut-down. Realistically completion could be as late as September!

I really hope that we complete in July, fingers crossed!

Regards, Andy

aotter@freeuk.com

 

Hi OtterAndy,

This is getting beyond a joke now. How long does it take to do a hundred metre stretch of road, 1 or 2 days. Its not the bloody M1 they are resurfacing. I have booked flights to stay in the apartment in mid August. If I have to pay out for hotels, I will be getting my solicitor to claim the costs against the developer, as this is not good enough. I am sure a court of law would agree with me over how long it takes to surface a road, or maybe not, this is Spain after all.

A not very happy Westport.

 Hi Westport, I'm in the same boat as you but not as bad as I have friends and family that have already booked flights to come and see me. They have played safe and opted for flights at end of September but you never know what will happen with this incompetent developer.

Regards. Andy

Otterandy / Westport

I am in Block 2, DJ2. In any event, it appears that all of the completions would be delayed by the road. The only solace is that the developer must also be chomping at the bit for completion as I am sure they have borrowings that they need to repay asap which they can only do when we complete - not that I am in any way condoning the delays or defending the developer!!!

I am not sure that we can totally blame the developer for this one. Looking back on the photos of the road and the condition it was in last February when we visited it is clear that since then the stretch in contention has been widened considerably, has some lighting standards installed and has been graded etc with filling in preparation for surfacing.  At that time Perla told me that finishing of the road was subject to agreement between other parties/developers and that because they could not find out how wide it needed to be, they had decided to make sure by widening it to the extent now seen. She also said that the Town Hall had agreed that non-finishing of the road would not prevent issuing the licence.  Now, however, it appears (according to Perla) that the Town Hall has shifted its position and have held up the licence in the absence of agreement between the parties responsible for the road.  As of today, Perla stated to me that "the problem has been solved" and they are working on the road with a view to getting the licence & having completions start in July.  Of course that still means that the Town Hall could throw another spanner in the works then but even if they don't how long does it take the Town Hall people to rubber stamp the necessary certificate and deliver it to the developer?   Overall I do think that the developer has been messed about somewhat by the authorities in this matter though indeed it would be interesting to know who the "other parties" are, that are sharing responsibility for the road.

On the other hand maybe I am being naive....?

Regards, Andy

Hi All

Just a note to let you know the latest we have recieved from our abogado.

ARROHABITATGE S.A.
REPRESENTATIVE: Mr. JUAN MANUEL ARROYO GARCÍA
LAWYERS OF SPAIN
RAQUEL PÉREZ (Client Representative)
FOR CLIENTS OF RESIDENTIAL DON JUAN I


Fuengirola, 21st June 2007


Dear client,

We hereby contact you in order to inform you about the delivery of the dwelling purchased from the mercantile entity “Arrohabitatge S.A.” located in the Residencial D. Juan I, Majadal area in Carvajal, Fuengirola, Málaga.

The mercantile entity executed construction within the deadline agreed between the parties as stated in the Sale/Purchase Agreement. Also, the entity applied to the Fuengirola Town Hall for the Licence of First Occupation however, in view of the fact that the Licence was not forthcoming from the Local Administration, the company’s representative met on several occasions with various Council offices and companies related to this issue. In these meetings our representative was verbally informed that although the works were executed in accordance with the project, hold a valid municipal licence and that the sector fulfils all applicable general planning development requirements, that there are objections and conditions placed by ADIF on action to the road parallel to the railway line, on the degree of development of the adjacent sectors and the infrastructures scheduled for the area. As soon as Arrohabitatge S.A. became aware of this situation, the problem was studied by technicians who saw the possibility of applying to the Town Hall for permission to make a provisional service road providing access to sector UR-1 where the dwellings belonging to Residencial “Don Juan I” are located until such time the objections and conditions between the ADIF and the Fuengirola Town Hall for the execution of the definitive works in the road parallel to the railway line are resolved. These objections and conditions have nothing to do with Arrohabitatge S.A. but are damaging the company. All this is so the Fuengirola Town Hall may grant the Licence of First Occupation for the Development “Don Juan I”.

On the 12th June 2007, the Fuengirola Town Hall granted Arrohabitatge S.A. authorisation to execute the works of the aforementioned provisional road therefore as soon as the works are completed the Licence of First Occupation for the Development “Don Juan I” will be granted, as advised by the Fuengirola Town Hall. The moment the Licence is granted, Arrohabitatge will proceed to the delivery of the dwellings.

Finally, the company apologises for the situation that has developed between the Fuengirola Town Hall and ADIF which, as outlined above, is beyond the control of Arrohabitatge S.A.

With kind regards, I remain


SGND: Mr. JUAN MANUEL ARROYO GARCÍA
REPRESENTATIVE: ARROHABITATGE S.A.

Regards

Jim and Joan

 

Hi All

Forgot to post the extract of the email recieved from our Abogado referencing the expected completion.

Extract  from the email recieved today

We have just received the attached letter from the developer (please find also attached a translated copy) in which they communicate that due to a request from the Town Hall to complete the road parallel to the railway line, a further delay is expected in the handing over of the properties. The Local Town Hall will not be issuing the Inhabitant License until the works are completed.

At present they are working on every possibility to speed up the construction process. They estimate that they will be able to obtain the Completion Works Certificate before end of July. Nevertheless, before being able to sign the purchase title deed _ thus completing the operation _ it is necessary to obtain the first occupancy licence issued by the Town Hall. So they have estimated that completion may take place in August/beginning of September approximately.

Regards

Jim and Joan