Habitation certificate

Hi

We have owned a property on the Costa blanca for about eight years (bought from plan) and we have had the same solicitor from the word go. Unfortunately we now have to sell and have been asked to produce a "habitation Certificate", we have contacted our solicitor who says that they will have to contact the builders (8 years on !!) for a copy. Does anyone know when this certificate should have been issued and by whom? Some people are saying it should have been issued by the "Town Hall" ???

Many thanks

Hi Lesfrogs - the Habitation Certificate is issued by the Town Hall when they are satisfied that the property has been built according to the planning permission and it basically states that the property is fit to be lived in.  Your lawyer should not have allowed you to complete on your purchase without this crucial piece of paper and you cannot sell without it.

You should also have been unable to get your own water and electricity supply without it - that is why you see people writing about being on "builder's supply" for years and years.

Can you tell us the name of the urb and the builder as some of us know which properties are still having problems with their Habitation Certificates.  If it was issued and it has simply been misplaced you can get a copy at your town hall - they will either issue a copy or a second certificate and it should take about a month.

Do let us know how you get on.

The Habitation Cert is only valid for 5 years.

An owner I know was asked to produce another when she sold ( the apartment was 7 years old by then ) and her solicitor charged her over 500€ to get another.

I know for a fact that other apartments have been sold in the last few weeks without a current Cert and also we have bought a 23 year old property without a renewed Cert. There was no problem with changing the water and electric over to us without the Cert.

I would be interested to know, as there is conflict about this renewal Cert, just what this is all about?

Hi Claire

Thank you very much for the very helpful information.  I believe the builders name was Carmelo Murcia Caselles and on behalf of Promociones Eurohouse 2.010 S.L.. Our developement was Residential La Mirada (playa horizonte).

What does seem strange is that the solicitors are saying that they are having to contact the "Builder" for a copy, whereas they should hold copies of all paperwork surely?

I will keep you informed and thanks once again for your help.

kind regards

Pete

Hi - as far as I know, the system is only about 10 years old so any property built before that does not need a certificate.  I initially was told that all was OK if you had your own water and elec supply, but since then have found that a certificate was required at the Notary for a sale to go through.

In Torrevieja the certificate is valid for 10 years and we applied for a second certificate for a client recently and did not charge them for it - we didn't pay for it so we did't charge.  In fact, I am going to the Ayuntamiento tomorrow to pick it up - fingers crossed!  We could not get the water or elec changed to the buyer's name without showing the receipt for the application for the new certificate from the town hall.

It is bureaucracy gone mad but if that is what you need to do, the system is there.  As I said initially, the main problem which can arise is when the certificate was never issued in the first place due to some problem with the building.

Good luck!

Like Karen (& this has been discussed by the same members before see here ) I understood the cert was valid FIVE (not TEN) years & our friends (Torrevieja) had to renew AFTER FIVE YEARS as they sold up recently.

As Karen said 'there is conflict about this renewal Cert, just what this is all about?'

Yes very strange all these quirky ideas that european countries have. In france they have their fair share, which makes it a mine field when buying and selling!!

Thank you for your input as I am sure that it will help everyone watching the site.

A bientot

Pete 

 Promociones Eurohouse is under administrations due to insolvency. The administrators will be able to tell you about work, first occupation license and possible related problems.

Hi Maria

Thank you very much for the information, which would explain why we saw their office in Torrevieja closed up some time ago.

Must admit we had a raw deal from them, but that is another story in which we (I am sure) are not alone.

kind regards

Pete

This seems a very helpful forum, so I wonder if I could have some advice please.

I live in an 8 year old Community in Rojales, comprising 88 houses. The Community is well established with all mains utilities (electricity and water etc).

About 4 years ago most residents received their Cerificate of Habitation. The 'batch' of certicates were delivered by the builder to the Community President (now deceased).

(I realise I should have pursued this earlier).

We were not around at the time, and also it was reported that the builder lost some of the certicates!  We understand that along with other builders, they are either not in existence or in Administration.

A resident went to the Town Hall last November (they said that they had lost their original, even though they'd never had it). They received their copy 2 weeks later.

I'm trying the same. Applied at the end of July. Have been back twice, but still haven't got it. The woman in the Rojales Technical Office just shrugs her shoulders and indicates (I think) to come back later in the month.

I'm putting the delay down to the August holiday period (I could have picked a better time). But on the other hand should I plan for the worst case scenario (ie no original)? In which case what do I do?

Any advice will be very welcome.

Thank you,

Peter H

Hi Peter H - I think you may be right about the problem being the August period.  Can you arrange to go back with someone who speaks spanish and find out exactly what the problem is?  As other certificates have been issued then it sounds like there are no reasons to deny you yours.  If the certificate was issued and then lost you might have to apply for a second certificate but this should be a routine matter.

Do let us know how you get on!

If everyone else in the development or phase has received a Habitation certificate it is most probable yours exist too.