News for Barclays Spain mortgage holders

Has anyone received their Habitation certificate yet

steveand rosa 14.43

Hi Steve &  Rosa,

In a word, No!! When signing, you are given a copy of the application for a HC, and not the HC itself. as I understand it, they will be issued in batches, and I haven't a clue as to when the actual HC's will be handed over. I totally understand why a lot of people do not want to complete without it, there are a lot of horror stories around, but in our case, we want to enjoy the benefits of villa ownership now, rather than wait and find, probably, that they turn up at the end of the year - another year in paradise lost!!

I await comments before further posting.

Kind regards,

John B. 

hi all at sg told you with councils theres always a but when our solicitor said 2 weeks she has been to council they now say end of month but again not whitch month im no good at spanish but i kinder got that she was not impressed most swear words seem pretty universal so sorry for giving false hope to you all but as i was told this is spain what do you expect any more news i will try to make it good news all at sg see you tuesday 12 cant wait

Hi everyone

I have just been contacted by our agents, who have just been advised by Masa, that paper work for the Hab Certificate has just been forwarded to the Town Hall and will take approx 30 days to get the Certificate!!!!  Makes you wonder who you can believe.

we received a phone call from masa on the 7th to say that our villa was ready and that the habitation certificate was in place, and could we come to spain and take possession.  Then we emailed our spanish solicitor to tell them.  They then sent us this reply so you figure out who is telling porkies I suppose the Masa attitude is that once they commit us to going out that they have committed us to spending money and they can bully us into buying.

Well I for one will not be bullied by these arrogant people, I have waited 4 yrs and I will now wait till every T is crossed And every I is dotted and only then will I make the final payment and take possession.

Dear Mr. and Mrs.Harley,

Thank you for your email. We have contacted your builders to contrast the
information given by you in your previous email ( we were not aware of any
further progress). We are told that the habitation certificate has been
approved but not issued yet. From the legal point of view, we need to have
it issued, and that is the important thing!! ( I guess, it is anyway good
news, and we are much closer to a good end!!. We will be contacting them
again by Wednesday of next week.

As soon as we have any further news, we will inform you.

Best regards,

Adriana Pérez
Abogada
Lawyer / Rechtsanwältin
___

Has anyone had any further news on the situation re Habitation Certificates? 

It just seems to be going on and on for no reason.  I want to get into my house - I have never seen inside it, even though the build was finished 2 years ago.  Why do Masa stop us going inside just to take a look, when we've already paid them half of the value.  It just doesn't make sense !  

well i have been told by my solicitor that the habitation certificates have been approved and its just a matter of waiting for them to be issued.

We were in the SG sales office last week and the rather frightening saleslady (Russian I think!!) seemed to be rather amused that I should ask such as question as to the whereabout of the Hab Certificate.  After a short spate of laughing, as apparently we should all be very grateful to be getting free water from the builders supply,  she indicated that the Certificate may not be issued until the site is completely finished (10 years was mentioned).   She also indicated that the Town Hall still wanted a few things done before it could be issued .  ( In other words she had no idea what was going on.

Our solicitor has indicated that it's quite common for the Hab Certificate not to be issued until a whole site is completed, and even though he has been faxing Masa on a regular basis, they are not answering any of his questions. 

I actually disagree with the comments of your solicitor

Having dealt with this situation on many sites I can advise that normally the Certifucates are issued phase by phase for example on RODA where phases 1 & 2 are issued and we are waiting for phase 3, and this is one of the reasons why they build in phases which normally have independant infrastructure

There is no way that a builder would want to pay for water etc for 10 years plus Spanish Law requires that a Certificate is issued within 4 years

Comments like, there a few things that the Town Hall need, also concern me as the granting of the certificates is not automatic

For anyone interested I saw the following reply from Maria de Castro to another EOS query about the habitation licence in the general forum today. 

NOtaries cannot authorise anymore purchase deeds without the FOL ( there is just one ans is definitive). So it is not a matter of you purchaser wanting or not a signing with no FOL but a matter of  Law prohibiting Notaries to authorise the deeds without that requirement in place.

As this was new to me I have asked another question and her reply in full is in the discussion is in the general forum under the licence thread.  Sorry - I tried to copy it but it didn't work.

 

 

 

Is this the one?

Provision 19 of Ground Act. Dated the 28th in May 2007.
Provision number 19. New works declaration
1.- For the authorization  deeds of new works under construction, Notaries will require, to be added  to the Notary file, the required administrative act of  compliance, approval or authorization of the work according to the planning legislation, as well as a certification issued by the relevant technical expert regarding the adjustment of the description of the work to the project approved by the administrative Act. ( IN SHORT WORDS. WORK LICENSE PLUS CERTIFICATE OF ARCHITECT).
For finished new work declaration´s deeds, Notaries will require the certification of relevant technical expert on the finishing of the work according to the described project, documentary accreditation of fulfillment of every requisite according to what is legally  needed for the  handing over of the property  to consumers as per the building Act, and the granting ( expressly or by administrative silence) of the required planning licenses ( IN SHORT WORDS: ARCHITECT´S CERTIFICATE OF END OF WORKS AND FIRST OCCUPATION LICENSE)
2. Land Registrar will require those same licenses for the registration of the deeds of  new work declaration.
REMEMBER: transaction needs to have Notary form in Spain and the ultimate authority in ownership is not the developer bu the Land Registrar, who is high legal professional in Spain. I

Yes, that's it - thanks, I just couldn't copy it !  Don't know if it's any help to anyone, but it does seem strange .

its as clear as mud, will someone please tell me in english what it means

Looks as if it is illegal for a Notary to sign over without the Certificate in place

New 'legal' response to my question - posted on general forum earlier 2 night.  (Copied this one ok!) 

This message was last edited by spanishsolicitor on 2/25/2008.

So it is legal in Murcia under regional law ??  Despite the national law passed last year ??  Sounds scarily like the different rules leading to the bulldozing of spanish homes.  How the hell do we know the truth and which bit of spanish law is right!!  Beam me up scottie.
 

Next instalment: for anyone interested.  From general forum- Thanks for your help spanishsolicitor.  You say : If our clients want to sign without FLO we modify the deeds including some economics clauses for protecting their interest until the LFO is granted. Are you able to let us know what type of modifications these are?  It might help all of us who've been waiting to complete for a very long time. REPLY:  in the deeds should be indicated: 1º "The developer  has not fulfilled thoroughly  the obligation of handover the house because the LFO has not granted" 2º "With the signature of this deeds we don´t acquire the full possession of the property because of  lack  of and essential element which is the LFO"  3º An agreed damages clause must be included stipulating the sum to be payable at a daily rate  in the event of lack of LFO in a new deadline granted to the developer from the signature date 4º Withhold  15% of the price until the LFO is granted. Before going to the Notary it is very important that an expert review exhaustively the file in the Town Hall. This is the key of success, find out about the legal possibilities of these LFOs

Looks like there is a way of safeguarding completion without the LFO - now does anyone have an expert solicitor to 'exhaustively review' the file in the town hall !!  

Sorry - just getting so fed up and really want to complete - just too scared to do it without the LFO. 

 

 

We saw our solictor in Torrevieja last week, as we have given him Power of Attorney and want to complete ASAP.  However he is in the process of asking Masa to include a clause as suggested on this thread, but as he has been dealing with Masa over a period of time, and is looking after the interests of several people on SG,  he is not holding out too much hope of Masa being co-operative.  Hopefully I will hear something shortly, but I wouldn't be at all surprised, bearing in mind how Masa have been behaving over the last few years, that he either doesn't get any response, or if he does, it won't be what we are looking for.

Have just been told that all hab certs for phase 13 have been issued by the town hall. So its all systems go, is there anything else I should know am getting confused by this thing called FLO or LFO is it another word for hab cert or is it another thing to bugger us up (HELP) someone I am a simple guy

Ian

First Licence of Occupation is the same as Habitation Certificate.

so once i get the habitation certificate i will be hot to trot, no more hidden regulations