re furniture

I have just posted this on another place, think it was the wrong one, so I'm asking again!!

Is the Licence of first Occupation the SAME as Certificate of Habitation??

Reason I'm asking is, I received my contract and wrote back to the lawyer saying that if it was not already stated in the contract that we would ask for the Certificate of Habitation to be issued before we sign for the contract and this was his reply:

So, should I have been also asking about Licence of first occupation, or does this cover it???

Thanks

Hi Smiley,

Thanks for that.

Sharon

I think as have been mentioned in the past, you run the risk of not having any water/electric supplies once the developer cuts his off, our legal reps refused to sign anything until they saw the licence themselves (they had power of attorney), they didnt want us taking possession and then going for months without supplies.

About time you had a logo eh smiley!!

regards hobby

Hey Hobby - yeah you're right I tried to upload one a couple of weeks back but it was too big - something to do with my size I guess - too many good meals and too many beers over too many years! Tried to upload a photograph (not of me I add as I dont want to put anyone off) but too many pixels or something - I am not a techy and when it didnt work the first time I gave up - no tenacity the lad - well not for techy things anyway - you should see me with an awkward mortgage lender or a lawyer that is giving poor advice.

Shouldnt you have one too! Perhaps a 19th Hole Flag or something. Bit wet here today - chilly too but was on the Paseo in Marbella yesterday for a leisurely lunch with some clients and was fabulous. People tanning in their cozzies on the beach.

Rgds

We have bought, along with a few hundred others & the rest,  on El Raso urb alongside the Campo de Guardamar Sunday market just off the lemon tree road. There are many communities within the urb & each has a President & vice presidents who all get together fortnightly & sometimes with Guardamar's mayoress at these meetings. We are all in the same boat as each other on El Raso, NO Certificates of Habitation were in force when we completed. Anyway, because of all the hard work by our Presidents & Vice Presidents we are now in the process of playing a waiting game as whoever it is comes out to look at the properties in order to give these certificates has been round, generally taking note, & has compiled a list of NO...NO's ! As it's all taken so long people have been doing certain alterations to their properties like those with corner plots have raised their walls for privacy & most have had pools put in. There's some bungalows with turrets on the solariums & these owners have installed upvc windows & French doors in the original open turrets (which now makes an extra bedroom.) There are five phases of Lagomars, for example, which we have, & so over likely 350 houses all having a utility area with 8ft walls but no roof. Everyone, including us, has either had someone put grilles with a perspex roof over the area which houses the boiler & washer, or is in the process of organising it to be done. We have ALL been told we MAY have to put everything back to its original order for us to get the certificates BUT (& how daft can THIS be ???) once we have the certificate we then can do whatever we want.

We have given up worrying. The worst that can happen to us is we would be forced to remove the perspex roof over the utility. Others have much more serious issues like their pools, their high walls, their ballastrades on their solariums, their windows & doors in their turrets though they have been advised that, if by having windows & doors in the turrets fail to get the certificate, they CAN just remove the windows & doors by lifting each up off the frames. Once they are given their certificates they can replace them.

Most of El Raso is on builders water & they have to build a reservoir.  We have mains electric though. Lagomar fase 1 was probably the first community built there & that was sold around four years ago. We completed April 2005.

Hope above reads well, too tired to check it again.

By the way, some communities on El Raso ARE now fitted with water meters so things ARE looking up. We also have been advised that we hopefully SHOULD be granted our certificates of Habitation in 2/3 months. We shall see... watch this space.

Will we STILL have a roof over the utility though ?

Hi JeanSis again dont know your specific properties but in the eyes of the law whether windows are removed to get Habitation Licence or not, anyone in Spain who changes the usable area on a property or amends the constructed area is technically breaking the law. It happens all the time I know, but if authorities come out and see turrets built (sounds quite quaint) and pools installed they may actually be told to remove/fill in. If that doesnt happen and the property is sold at a later date there may be problems with the sale as the changes are not recorded with the Land Registry. Shoving a perspex roof on your utility should not present a problem but subject to the level of construction work and if they have increased the area of living space by adding rooms they might get told to put it back the way it was - not simply remove the windows and doors. Hey ho this is Spain and I guess anything is possible. Sounds as if things have been very frustrating for you - if you ever get down my way perhaps we will get out on the brandy together.

Rgds 

We can only go at the moment with what all our Presidents & Vice Presidents have been told by certain authorities including the Mayoress of our town. We aren't so concerned as we only have the perspex roof but many folks must be s ******g themselves. Turrets on top of solariums were ALREADY built though on bungalow properties, people have just had windows & door area filled in with upvc French doors & windows thus making an extra room & this extra room is the contention. Re certain things such as doing patio fancy stuff, we had to get permission from our President as part of the rules. Rules ALSO state ONLY black railings (see pics below.) We asked if we could do, as most have, an extension of front terrace to sides & were told yes as it was common on community. Now (we chose wrought iron fancy railings to go round our terrace) they're saying those residents who put ballistrades around should take them down as it's not in keeping with the rest of community ! It might be worth saying here that a close neighbour of ours there who is ALSO a Vice President has done THIS to their place OMG...looks really naff & no one has mentioned these being removed to keep a certain "community look". Seems as this wasn't itemised in rules (that daft figures were NOT to be plonked on front walls) they can keep them.Glad there's three houses between us.

Word back from my lawyer in the last half hour!!!

Please find attached the two annexes, one for each purchase, through which Luz de Almoradí confirms that you can sign the title deeds with the habitation license in place, as well as confirming that there will be bank guarantees at no cost, as requested

NOW I CAN FINALLY RELAX!!!

MERRY CHRISTMAS EVERYONE!!!!!

Well done, Sharon. All worth the effort then .. FINALLY.

Happy New Year to you both.

Thanks, JeansSis

Now to start organising my next instalment.....!!!

Happy New Year to you too!!

We've JUST heard that, this morning, our community was given its cedula de habitacions .. yippee-e-e .. finally, after almost two years.

Now the fun starts. Builder had insisted on almost 520 euros on completion for "provision of water" & we understood THAT was to cover us for builders water till we were on mains water, whenever that would be.The next month he said he'd cut the community off from his water if we didn't pay loads more ! He'd said same to previous phase who said "up yours" pretty much to him so they were cut up for three days till they relented. As we didn't want to be in the same situation our community did a deal for 70 euros each home for the year May 2005 - May 2006 then we've had to pay 40 euros May 2006 - November 2006 with another 40 euros for Nov 06 - May 07. NOW it seems we have not only to pay 60 euros for water meters each but also for installation too. No one can find out why we all were forced to shell out the 520 euros each. It's made us all bitter.It seems it was for nothing !

Anyway, today is a milestone.

Thanks Tish,

Think we'll certainly have some Cava next trip. We love the semi sec one Lidl's sells, only 1.55 euros.

My names Janice BTW see  below

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This is a sort of two in one question really.  I know the theory, but in practice will the issue of the land registry title number mean that the LFO is issued at the same time?

Does the lack of a LFO prevent you from selling your property?  I will possibly sell mine straightaway as I have had enough of being messed around.

CCE

HI

I know the general advice is DONT complete without LFO. So some flexible advice needed. Ok... so we have bought on a dvelopment, over 300 properties, people ALREADY started moving in, reputable builder, reputable agent, development so far to a very high standard ..looks fabulous... so come on surely the LFO must be granted, would it be such a huge risk to complete without it????? anyone?????? By the way im asking advice not advising people to do this. We cant wait to get into our property and dont want to wait till the very end  

Where is the development? Is it in any of the areas that have had problems with LFOs? (Marbella springs to mind!) Would it be possible for you (or maybe your legal representative) to go to the relevant town hall department (Urbanismo) and make enquiries as to the status of the application for the LFO? Do you know any of the other buyers who are completing, particularly Spanish, who you can talk to and ask why they feel it's OK to do so? Is the developer promising to provide utilities until the LFO, and subsequently the "boletines" are issued? Check if he intends to make a charge for doing so.

These are just a few questoions that spring to mind, but is by no means a complete list. I would suggest making as many enquiries as possible. If after all you feel confident about completing, then maybe contrary to all the advice here, it will be OK. Of course there's a risk, but remember that before all the recent corruption scandals erupted, completing before licences were issued, and many other bad practices, were considered perfectly normal and acceptable here in Spain. 

I completed on a new property (albeit nearly 4 years ago) before the LFO was issued, and had no problems whatsoever. Furthermore, I got free electric and water for 6 months! Good luck, whatever you do.

Thanks Roberto

Just what i wanted to hear.

Cheers