lots of info needed about buying on camposol!

Couldn't agree more Floella. We hear all sorts of claims concerning Camposol and its legal standing - how many are true is only conjecture but it seems to me that some of the occupants seem indifferent to the possible consequences of purchasing homes that don't have the correct documentation in place and in some cases quite proud that they           by-passed the system. Would you buy a property in UK without deeds or that had not been approved by the local building control system?...............................and face the possibility of losing all your money - and your home?

Unless things have changed very recently you should still get your Deeds / Escritura on the house even if you have no HC, I owned one house with no HC and still never had it when I sold it, and with no problem.

On the other hand I bought a new house in the UK that had all the planning permissions,  built to the UK building regulations, passed all the council checks, etc, only to find out three hours before moving in it was built on land the builder didn't own, of course no comment from the UK council officers. I still own it now.

woodbug-no one has Cof H because in order to do so the urbanisation must be completely finished to the councils satisfaction.

This hasn't happenened

when we moved in, we had electricity, and water , from the bulder at first, then from Iberdrola and Aqualia with contracts.

We paid Ibi from when we signed for the deeds.

those without deeds, and some with embargoes have seen solicitors so that the property is on the land registry, and cannot be taken from the ownwers.

Camposol must be in the region of  nearly 18 years old..

Hundreds of houses have been bought and sold, and in the process of selling.

Most have their deeds.

Cof H s will follow.

Camposol must be in the region of  nearly 18 years old..

You might find out as I did that house's this old no HC was in existence or needed back then so they cant be issued, I don't know of anyone who has had a problem selling the house because they didn't have an HC.

Camposol is not unique. There are many properties coming under the Orihuela Costa that don't have the habitation certs after nearly 20 years. The notaries are perfectly aware of the problems and allow sales to go through.

When we went to the notary some 6 years or so ago, the only thing they required was a witholding of about 200 euro to cover the cost of obtaining them if they ever become available. I'm pretty sure thousands of properties in that area alone have been sold without one.

Regardless of saying this shouldn't happen and that notaries must demand one the realities are rather different. And before I'm told the "new" demands for the HC have come in during the last year or so, the sale of a propery in my old urb has just gone through with no HC.

For the sake of transparency these observations should be taken into account when purchasing a property without a habitation licence in place.

"You or any other potential purchaser will not be able to take out a mortgage on the property or remortgage it.

If there are planning issues at any stage the Town Hall can set a charge against the property and you as the new owner may be held liable to pay the fine for any planning illegality. 

You will not be legally allowed to rent out the property.

You are actually reducing the base for potential purchasers for your resale. "

For the sake of transparency these observations should be taken into account when purchasing a property without a habitation licence in place.

"You or any other potential purchaser will not be able to take out a mortgage on the property or remortgage it.

If there are planning issues at any stage the Town Hall can set a charge against the property and you as the new owner may be held liable to pay the fine for any planning illegality. 

You will not be legally allowed to rent out the property.

You are actually reducing the base for potential purchasers for your resale. "

You may well get a mortgage on a property without the HC, no to need to myself but three people I know have, one in Spain, and two did it via the UK companies.

I had a garage that was built on one house which had no planning permissions, I didn't build it, nothing was ever said, or paid for when it was put on the deeds some years later.

You can rent out legally a property with no HC, I do.

Never met any yet that refused to buy a house due to the lack of the HC, fact is it hardly even gets mentioned. 

If anything the stupid law concerning energy ratings on Spanish house's should be the one to be dropped.

These may all be what happened yesterday I know,  what happens today is no doubt different.

I think we are all aware of the need of the HC and also aware of the fact that it seems millions of houses don't have one, if this is the case how are so many bought and sold? Why are there still estate agents making a living selling houses that they shouldn't?

Have never bought a new build, or one of plan, so perhaps this HC law only applies to these.

Maria advised the following earlier this year-

“28 April 2015 @ 11:16 
 

……it is not till June 2013 that the Land Registry offers a high level of safety in regards of the planning/zonning status of houses. For all houses built and registered before then, a good independent lawyers is necessary for verifying those aspects

….Demolitions? Possibly not as many as the press mentions and always a claim being possible against Local Councils is they issued licenses against Regional Urban Rules.”

Perhaps the question to ask therefore is, which of this is applicable to Camposol?

Is it a dereliction of duty for the Bank to give a mortgage on a property without Habitation Licence, is it illegal to rent without a Habitation Licence, have the Town Council issued licences against regional urban rules, etc etc?

It appears that the Land Act 2013 was not a new law nor did it amend or supersede any other legislation – it simply clarified the requirements of legal procedure and the documentation required to legally register and own a house. It appears that all houses prior to the act are at ‘risk’.

I just don’t understand how some EOS members can claim that it doesn’t matter if the documents prescribed in law do not exist – or have I missed something?

Sorry Woodbug our postings crossed as I edited my post to query the following

Perhaps the question to ask therefore is, which of this is applicable to Camposol?

Is it a dereliction of duty for the Bank to give a mortgage on a property without Habitation Licence, is it illegal to rent without a Habitation Licence, have the Town Council issued licences against regional urban rules, etc etc?

Perhaps Maria could clarify?

I wonder if this is indicative of Town Halls yet again turning blind eyes to the laws of the land, but also and more concerning, is the question relating to notaries and Banks who also appear to be turning a blind eye to legal issues that ultimately leave purchasers at future risk.

Hi Moggy, have sent you a PM re this post, not sur if you have rice end it!

Woodbug, many forum folk have double standards when there is a problem relating to them. 

It appears that the Land Act 2013 was not a new law nor did it amend or supersede any other legislation – it simply clarified the requirements of legal procedure and the documentation required to legally register and own a house. It appears that all houses prior to the act are at ‘risk’.

I just don’t understand how some EOS members can claim that it doesn’t matter if the documents prescribed in law do not exist – or have I missed something?

No, you haven't missed anything and of course it does matter that these laws are to be seen, but if you cant get this HC then what do you do? If you want to sell your house and the buyer couldn't care less about the HC, then what do you do? Refuse to sell it to them due to the lack of it, thats fine until it happens to you.

There is no double standards here with forum folk, it's just plain and simple, yes your supposed to have the dam thing, if you haven't got it, cant get it, and want to sell your house..Now what do you do?

As the Area of Camposol has been mentioned is about 18 years old and it's said that hundreds never had it, surely its wise to accept that more then enough tried to get it and the many more didn't even bother.

Your stance will no doubt be influenced on whether you are the owner of a property that is without an HC. 

A year or so ago there was an announcement by the Mayor of Mazarron that the town hall would adopt Camposol and take over the maintenance etc.  Now the new Mayor has calmly said that Mazaorron Town Hall cannot afford to do so.  So there's mor than one view at the town hall too!

Is this just to do with taking over the maintenance of certain areas if they were to eventually issue legal licences, or does it go far deeper than that in so much as they can't issue licences given there has been abuse of regional urban rules by the Town Hall?

This Murcia Today article explains the situation quite well: http://murciatoday.com/cra-drop-bombshell-on-camposol_26798-a.html

After reading the Murcia Today article bet those who have sold are in 7th heaven...How fortunate that this urb isn't in UK where the buyers could successfully sue, one and all,  for not being made aware of these serious problems.

What a remarkably detailed and heartfelt article, Acer.

The most compelling detail lies at the end of the article which stated "There is no money to fix the deficits, so somewhere along the line money has to be found. Whether that could come from Europe, from the regional or national governments is the next major challenge."

Murcia Transparente which fights corruption sound a remarkable group which hopefully will highlight the fact that innocent people have been caught up, through  no fault of their own, in a complex web of corruption, maladministration, political infighting and non adherence to existing regulation. I wonder if there is a legal route via the European commission imposing infringement rights upon Spain (given the abuse of individual rights at play here), as a means of compensating those affected, and/or by making the Spanish Government accountable for resourcing the works to make good the infrastructure (given their lack of overall control of their regional and local governments).

It sadly sums up many people's fear of the failures in Spain to protect the rights of innocent purchasers, without a lengthy, costly and unpredictable and stressful journey to achieve justice within a system that takes years to establish case law, where resources are compromisingly overstretched, where regulatory bodies fail to keep control of their members, where accountability is compromised on occasion by protectionist behaviour.

But most sadly it becomes apparent to those looking from a wider perspective, that failure to organise effective strategies to bring "good professionals" together, to work as one to gain overdue reform, to establish necessary regulatory structures to act as effective control on the various professional bodies within the real estate and justice sectors, to "demand" from the Government that priority be given to provision of resources to speed up reform, to gain greater transparency and highlight the need for far greater moral authority to be a common goal, all with the intention of cleaning up a system that cannot continue in its present form without recognising the effect that such failures have on better educated individual investors, and the insecurities that these abhorrent injustices serve to highlight.

I agree to an extent Floella, but in practice Camposol always appears to be a happy community and this issue or the absence of HCs doesn't seem to affect house transactions at all.  The properties are well priced and you can pick up a smart large villa with pool etc for €100,000, amazing value.

I totally agree with Ads.  In particular I find it quite disgraceful that the Town Hall can do such a U turn.  The politicians don't have any integrity whatsoever.  All of them.  Including the EU who will happily debate the allowed curvature of a banana ad nauseam, but do nothing to help Brits and others who fall foul of the diabolical rules and corruption in Spain.  It increases the liklihood of me voting to exit the EU when the vote comes.

Hi everyone, have been following this post with interest as we are hoping to come over to Spain next January/February with the intention of renting for a few weeks/months while we decide what to do in the long term. Campasol was looking quite promising as an area to try and rent in, but now not so sure after reading the piece in Murcia Today. We would be looking for a bungalow/ground floor apartment as I have some mobility problems, although if I had to, could manage stairs slowly. We also have an old, well behaved large dog (they are less yappy than small ones 😀) that would be coming with us. What do folk who actually live on Campisol think? Any other areas you could recommend if you do not live there would be appreciated. Oh, and we would be looking at spending €400 or less (preferably less) and it can be done as have seen quite a few properties advertised, unless that is just a ruse to get you into the estate agents? Look forward to some replies. Oh, and we are not going to be looking for work. Thanks.