Habitation certificate

Thanks for the clarification on administrative silence rules Roberto.

IMHO there needs to be a more STANDARDISED approach across regions with regard to conveyancing in Spain if buyer confidence and trust in the system is to be restored. The emphasis should be on compulsory provision of required licences prior to sale and compulsory update of land registry details.

That's a nice thought Ads, but what worries me is how they would get there?  

I have a place on a small development in Mazarron where no-one has a LFO.  The builder went bust and properties are bought and sold without a problem.  Unless there is some kind of amnesty any nationally imposed change might be a nightmare for us.  So on this aspect I'm hopeful that the lethargy continues!

Habitation Certificate or FOL,  February 2007 We signed up and paid the deposit for our Apartment Feb 2008 we completed and were deighted because everything seemed to be fine. March 2008 The builder ceased to trade under the Umbrella name of Idearco. He is still trading under many other names today. 10 years after payimg the deposit & 9 Years after completing we still have no certificates.

My advice to anyone purchasing in Spain do not complete until these certificates are in place. only 4 years ago could we get an individual contract with the utility companies. The contract was with the Builder who did not pay the bills, needless to say the current owners had to pay the unpaid thousands owed by the Builder, a total Nightmare for us all as we had to pay to keep the Utilities connected.

The Spanish Lawyer lied, the Notary lied and the agent staff were obviously only after his sale bonus. The community took on a new Lawyer to take the Builder to Court in March 2015, Each Purchaser wishing to take part has paid the fees to the new lawyer plus 2nd smaller fee in October and we are still waiting to hear where we stand.

However 6 of the original Owners have sold on the property to new owners at approx a third the purchasing price. therefore it seems the properties can be sold on but at a price I would not dream of doing do so as we spend our life savings on the Dream, which is now a Nightmare. 

Our advice to you is DO NOT Sign anything until, you get the proof in writing that everything is in place, 

Without a Habitation certificate you have no legal right to live or use the property and if you do not have  H/B/C the council will still charge you full I.B.I without supplying any services like road maintenance/street lights and so on .I have owened a villa on Camposol for 10 year's ,I have all the legal paperwork like the Escutura /Building License and so on everyone on Camposol is in the same position ,all 4,500 of the owners are without a H.B.C.but this Doe's not seem to put people of buying or selling ,the 3 bed 3 bathroom with villa with pool next door to me sold for 245,000€ 3 months back and most of the other  property up for sale. On Camposol have sold signs on .

In property there is a 'price' for everything which is why people do buy properties which are not fully legal, they take a view relative to the price: they become a Spanish property punter!!. But no one should advise a person to do that or say that it is safe. I understood that 'most' Notaries now insist on proper legal documenation and for new builds that must include a LFO 

In Valencia region, first occupation license needs to be renewed after 10 years from obtention of First Occupation License if: 

•  A second of subsequent transmission of the property happens
• .When a new contract of water, gas, electricity supply needs to be signed

Dear Maria,

I can't believe we are still discussing this all these years on!!!! But.....

If legal action was taken in the case of unknowingly being compromised in this scenario where no licence was made available at point of sale, would such a legal action have to be a group joint action against developer/ builder and conveyancing lawyer (their legal indemnity) to cover the eventuality of builder becoming insolvent in the interim, or would it be solely against the conveyancing lawyer(s) under the terms of their legal indemnity cover?

And would this only be possible for those who have already paid out to make good the outstanding infrastructure and services, i.e. a reclaim for return of monies already spent together with costs relative to new issuance of licence? 

Has any legal precedent been set to date to make those responsible accountable for their negligences, and if so was the claim amount sufficient to cover the cost of outstanding infrastructure works required so that licences could be issued?

P.S. Happy New Year