holiday apartment not a house??

after much digging I have found out my house was purchased as a holiday apartment and not as a home.The developer built them seemingly as apartments in some way connected with the hotel that was built at the same time.I have now found out the first habitation licence was never applied for and consequently having problems with my "Dation en Pago" although everything has been completed for 6 years the developer does not seem to have applied for the correct licence and my house as deemed incomplete by the town hall.I am not exactly sure what the difference in status means? can someone enlighten me.Also if the developer does not apply for the licence how do I go about getting one myself although this seems unlikely as the apartments/houses what ever are somehow deemed as 1 development with the hotel?

Consult a lawyer quickly, i belive they call these properties tourist regime apartments or something like that!

If you had a solicitor for the purchase they should have never allowed you to complete without the habitation licence!

Joan

Hi - I agree with joanmalaga - your problem is with the lack of a Habitation Certificate, not the fact that your apartment is a Touristic apartment.  There are some restrictions on touristic apartments, namely that you cannot register this as your permanent home (cos they are meant to be rented out) but you only need to rent it out once per year to stay on the right side of the law.  You can buy and sell these apartments, but you should point out to any buyer that it has this special status.

The Habitation Certificate has been discussed on the forum many times and you can search to see more detail.  However, in essence, the certificate should have been applied for before the property was purchased and it proves that the council is satisfied that the property has been completed in line with the planning permission which they gave for the build.

You should not have been allowed to complete, nor should you have been allowed a mortgage, without this piece of paper.  Are you sure it has never been issued?  You can check at your town hall and ask for a second certificate if the original was issued but you don't have a copy of it.

As joanmalaga advised, you should get a lawyer to assist you.  Good luck.

It looks like your lawyer did a very bad job!  You should not have been able to complete on that property.

We know of all sorts of horror stories with regards to "aparthotel" type properties so best if you get some good legal support to sort the mess out.

Best of luck with it.

Justin

did have a lawyer who is long gone,however I thought I may have some come back on the back allowing the mortgage to complete?.However bank is taking no responsibility,not sure if I have any comeback with them?

Not really sure.  Do you have a lawyer at the moment?

Justin

 Yes IBJH, the case deserves a consideration by a good lawyer to deffend you

Why don't you put the question to the free advice box when you open Legal Thread?  There's a box at the top of the page before you go into the posts. They're Lawyers and at least would be able to give you an idea of what you can or can't do.

 Initially, the dation rights are independent to the fact that the house has a license or not. And if any effect can be drawn it will always be in favor of the dation.

At the same time, I would advise to start an action against developer/Bank for the refund of your deposits plus legal interests linked to the lack of the said license.

But status would impact on valuation and that's a part of the process.