The topic of habitation liciences is growing so many larms and legs at great speed on this forum. The problems encountered by GT purchasers appear to be common amongst other builders in Murcia. MASA for Camposol and La Seirra Golf. As Jogary states, the general forum on here is both informative and a learning curve. Maria De Castro posts her valuable advice on EoS and what she says is bob on! The subject of FLO is like a red rag to a bull, however, have pasted relevant bits from post in order to assist those of you who are currently experiencing the problems with the FLO on El Trampolin.
This is a post from Spanish Solicitor:
In the Region Murcia a Notary can authorize the sign of a purchase deeds without FLO because the Regional Act (Decreto Legislativo 1/2005) says nothing about the obligation of the "Notario" regarding the FLO. The Notaries say that is applicable the Regional Act not the General Act for Spain (Ley del Suelo).
Our advice is to check the file of the FLO in the Town Hall, review the administrative procedure finding out the stage of the process, maybe everything is fine or maybe your LFO won´t have possibilities to go ahead.
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.
A poster queried the "modifications", the reply was:
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
Maria's reply to Spanish Solicitor:-
What about the fines that can be imposed by the Administration to people who live in houses without FOL?
What about provision 1 of the Ground Act which says that the provisions contained therein are applicable in all the spanish teritory? The Ground Act of 2007 is not a Planning Act but a legal tool on the legal regime of the Ground and on equality in the exercise of constitutional rights related to the Ground and regarding those interests which management is entrusted to the State. Applicable and obligatory within all the Spanish teritory . Of course, Notaries cannot omit the obligations and requirements contained herein regardless where they are based.
Laws made by the National parliament needs to be met within all the Spanish territory with the exceptions of Civil Law in those territories of local or provincial Law, which is not Murcia.
The Ground Act 8/2007 ( where the obligation of LFO is contained) is a Law of minimum requirements that need to be meet by every regional legislation.
I am trying to assist by posting relevant parts of the issue of LFO's from the forum. When the time comes for us to complete on Royal Dream, I am hoping we have learnt enough from these forums to overcome the perceived problems everyone on El Trampolin is experiencing at the moment.
Hope it is useful to you all.
Chris & Darren
This message was last edited by juliet454 on 2/26/2008.