| The Comments |
Hello, A property I like and would like to purchase. I was told by the estate agent not to worry as the habitation certificate would be issued in the name of the person who is selling the property, but not to worry as all would be ok. Seems like there is an ongoing problem with the road. Obviously I have not proceeded, but would like to learn more. Is there anything to worry about. Would the house actually be mine if I did not have the certificate in my name. Thank you.
0
Like
|
If all the paperwork is not 100% correct don't touch it.
There are several piles of rubble to support my view
0
Like
|
Hello, A property I like and would like to purchase. I was told by the estate agent not to worry as the habitation certificate would be issued in the name of the person who is selling the property, but not to worry as all would be ok. Seems like there is an ongoing problem with the road. Obviously I have not proceeded, but would like to learn more. Is there anything to worry about. Would the house actually be mine if I did not have the certificate in my name. Thank you.
I recently sold my house in Spain, i didn't have the Habitation Certificate and had to get one before the house sale was completed, i got one in my name being the seller, after that everything went according to plan, the buyer then has to get a new HC in their name.
If you had bought the house a few years ago with no HC, If you had the deeds, if everything was done correctly, then yes the house would have been yours.
The road situation i know nothing of legal wise, best to ask the correct people.
0
Like
|
Sorry but why would the habitation certificate have to be in the name of the occupier? Surely it is to do with the property, not the owner? Utility companies don't ask for a new certificate every time a property exchanges hands. And loads and loads of property are being sold without these certificates. Some town halls are so incompetent that they have never got round to it and are too busy infighting and saving their jobs that they simply shrug their shoulders when they are requested. I'm sure camposol will let you know their are loads of properties there being bought and sold without one and, provided contracts are in place for the utilities, no-one seems to bother too much. The notary certainly wasn't bothered when I sold my flat without one. Utility contracts in place and a withholding payment of €200 by me was all that was required. Unless they have now come up with a wheeze that takes more money of you when selling, like the EPC, then I can't see where a new habitation license would be necessary every time.
0
Like
|
Bobaol.
I can only suppose that the Habitation Certificate has to be in the house owners name because it's the owner who Habitates the house. Otherwise perhaps it might be called a House Certificate.
Yes i am aware that loads of properties have been sold without one, i did have two agents look at my house and both asked for the HC, I didn't let on to either of them i did not have one, they asked me for it, i didn't have the HC because when i bought the house it wasn't needed back then.
I cant answer why some town halls have never got around to it.
I am aware Camposol has also said on many occasions that where ever he/she lives many don't have them, and plenty have been sold without them.
Yes no one bothers about them to much, or looks at them, yet the Notary looked at mine when it was sold.
No doubt it is a new wheeze to get more money out of you when you sell, but i had to have one to sell the house, so what would you do? not get one and lose the chance to sell...or get one, and don't forget i had two separate agents ask for it.
0
Like
|
I think that's wrong. The habitation cert, or license of 1st occupation, relates to the property not the person living there. If the license is in place, it relates to the property. There is no need to renew it every time it's sold, bit like the certificate you get on a new house in UK. I have just dragged out the certificate on my house and it doesn't even mention my name, just the builders and the fact that the license has been granted. The nota simple gives my name as does the escritura but the habitation cert shows who built it, who checked it and what utilities were authorised. It would be like getting a certificate to show that you were a fit person to live in a house. Once you have this certificate, that's it. When those agents asked you for it, did they say it had to be in your name? Probably just checking one had been issued.
0
Like
|
A certificate has to be issued by the architect that the property is completed and complies with the building regulations regarding occupancy. The Town hall then issued a Notice of 1st Occupation, which certifies that the property wis fit to be used as a place for people to live in.
As Bobaol says, it relates to the property not the owner/occupier and unless the property is condemned, would I believe last for ever.
I believe if structural alterations are made then a new cert is required before the property may be occupied again.
0
Like
|
I think that's wrong. The habitation cert, or license of 1st occupation, relates to the property not the person living there. If the license is in place, it relates to the property. There is no need to renew it every time it's sold, bit like the certificate you get on a new house in UK. I have just dragged out the certificate on my house and it doesn't even mention my name, just the builders and the fact that the license has been granted. The nota simple gives my name as does the escritura but the habitation cert shows who built it, who checked it and what utilities were authorised. It would be like getting a certificate to show that you were a fit person to live in a house. Once you have this certificate, that's it. When those agents asked you for it, did they say it had to be in your name? Probably just checking one had been issued.
No they didn't ask if my name was on it, just asked "Do you have the HC?" and of course i didn't, so i got it. I wasn't even in Spain when this was obtained, and i wasn't prepared to lose the sale or hold things up unnecessary.
My solicitor, the same one that i have used for 20 years plus, told me when i asked her why i didn't have the HC told me that it's only recently Spain has insisted on them when a house is being sold, no doubt someone Else's solicitor will say different.
I was then informed that my HC gets changed into the new owners name when they take over the house, if that's true or not i don't know, i will find this out in a couple of weeks when i pay for the house i have just bought, i got my sale money and that was that, what happened after that i don't much care about.
I have no doubt that this could be called a bit of a con on Spain's part to gain some extra tax along the line, but if it holds up a house sale for a few hundred €'s it's not worth the hassle arguing over or paying.
I wont, before anyone says it, change my solicitor/accountant/agent just because of this, after reading about all the problems many have had on here, and me never ever had one single problem with any house purchase or sale.
0
Like
|
As Baz says, the Habitation Certificate is the certificate of 1st occupation for a new build and refers to the property not the owner. You don't need a new one every time the house changes hands. It's the agreement from the town hall that the building has been finished to their requirements for a new build.
0
Like
|
As Baz says, the Habitation Certificate is the certificate of 1st occupation for a new build and refers to the property not the owner. You don't need a new one every time the house changes hands. It's the agreement from the town hall that the building has been finished to their requirements for a new build.
Competa.
Sorry but i didn't say that, i actually said that i am under the impression, and have been told by my solicitor, that every new owner gets the HC in their new ownership name.
I had to get one to sell my house, some on here say, no you don't have to.
I will be clearing up a few points when i next visit my solicitor in Spain.
0
Like
|
But you said you didn't have a habitation certificate at all. Therefore your solicitor was correct in stating you had to have one. When you complete on your new property, if there is a certificate all well and good. If not then the seller has to pay to get one. It's only if there is no certificate in the first place that you have to pay for one.
0
Like
|
But you said you didn't have a habitation certificate at all. Therefore your solicitor was correct in stating you had to have one. When you complete on your new property, if there is a certificate all well and good. If not then the seller has to pay to get one. It's only if there is no certificate in the first place that you have to pay for one.
Yes that's correct...i didn't have one at all............ the Habitation Certificate, i never have had one on the last house i sold, didn't need them then........what i did say was......when i came to sell the house i had to get one, which i did.
I was also told (By my Spanish solicitor) the NEW buyer would have to get a new Habitation Certificate in their name......now on here it's being said, not, as it's for the house, not the house owner, and you only need the one.
0
Like
|
As with most things in Spain, there are different rules for different areas.
In this area a Habitation Certificate lasts for 5 years and after that a new one should be obtained if the house changes hands, as the utility companies can ask for an up to date certificate before changing over the supply to the new name.
However, sometimes the utility companies allow the original certificate up to 10 years. Sometimes they don´t even ask! Some buyers get around it by just leaving the utilities in the old name and changing bank details for the direct debits.
You can apply for a certificate of 2nd habitation, and in some areas they ask for an architect to certify there are no changes to the property, and in others they don´t bother. Some areas charge for the certificate and others don´t and an architect can cost around 400€.
There is no need for a new owner to have a new certificate - it will only be needed, if at all, when the property changes hands.
What is really important is that a new property should have a certificate before it is sold for the first time, as this states that the council have accepted that the property has been completed, including the infrastructure.
I am sure others will have different experiences, but this is what happens in this area and I hope it is helpful.
_______________________
Claire
0
Like
|
Claire are you sure you are not confusing the Habitation cert with the 'electric installation cert' which certifies that the electrical installation is safe ?
0
Like
|
Hi - yes, John, this is the way they deal with the Hab Certs here.
Apart from the first certificate being a really important document, it does seem a complete waste of money and effort to have to keep updating these and it is only the utility companies who bother about them. I did wonder how the new energy certificates might change things, but haven´t seen any reference to that in the stuff I have read.
_______________________
Claire
0
Like
|
Hi you will need a habitation cert / energy performance cert / fin de obra / escatura if you do not have all these documents in hand then you cannot buy or sell a property legally .I have heard of many people buying property in Spain without the documents mentioned only to find out at a later date that they have a illegally built house,I also find it impossible to believe that the so call Spanish law system would allow anyone to buy a property without all the appropriate documents in hand.
This message was last edited by windtalker on 11/04/2013.
0
Like
|
On Camposol as I have said before, not one house has a habitation certificate. Some think they have because they have a piece of paper from the town hall. Apart from a few exceptions, we have mains electricity and water. Some have extended/altered their properties beyond recognition. Many, but not enough,pay IBI.There are loads of properties that have been sold.
0
Like
|
On Camposol as I have said before, not one house has a habitation certificate. Some think they have because they have a piece of paper from the town hall. Apart from a few exceptions, we have mains electricity and water. Some have extended/altered their properties beyond recognition. Many, but not enough,pay IBI.There are loads of properties that have been sold.
I was with a guy last night who has just come back from Spain this week, went the end of October with his camper van to a camp site near Camposol, the chap he goes with has a sister that lives on Camposol and she is selling her house..or trying to...and has been told to get the HC now.
He also asked me if i had heard about this, another person paid 150,000€ for their house a few years back, and has been trying to sell it for 100,000€, they have been told the buyer....Now i am sure he said buyer, don't knock me if he said the seller....will have to pay 4% of the difference between the bought price and sold price...when it sells. Sounds very weird i know.
0
Like
|
It looks like the Spanish lawyers make the laws up on buying and selling properties in Spain as they go and when they hit a problem it will get sorted out tomorrow manyna manyna I think that's how the Spanish spell tomorrow .
0
Like
|
Maybe our experience can be of use to someone. We had our present house built in Murcia 2005 and received our COH in 2006 after having the build signed off by our architect and a visit from the Town Hall technico to confirm the house complied with the plans approved atc. We were unable to have electricity or water connected until we had this certificare, plus the boletins of course.
In 2011 we bought a repossession in La Marina and as the original COH was not available we needed a 2nd COH to get water contract into our name. The notary knew there was no COH available at the time of the sale but it did not prevent completion
To request the 2nd COH we had to provide several documents including a report from an architect to support the application. These were sorted by our estste agent.
I never bothered chasing this until a few weeks ago and visited the Ayuntamientoho who explained that Suma had been trying to contact us by registered letter at the La Marina property. As they had been unsuccessful ( we live in Murcia) nothing further had happened.
The Ayuntamiento then organised a visit from the their technico who only needed to inspect the kitchen and bathrooms and take a photo for the certificate. All was OK and we can pick up new cert from Ayuntamiento in the next week or two.
Camposol, We have friends on Camposol A who told us they have their COH. I have not actually seen the document so cannot compare with one we have from Fuente Alamo . Our COH shows a photograph of the house and says it is fit for habitation and is in accordance with the agreed building licence.
Our COH is specific to the house not the person who lives there.
Jean
0
Like
|