licencia hábitar

In new houses you need a license before you should move into a house. This was new to us as in Sweden, the municipaly have accepted the house when they gave buildin permission.

We have lived in San Miguel de Salinas for 9 years and the Town Hall will not give us the permission to move into our house. As we already moved in, we stay, but we can not get mail, street lights, garbage bins or any other municipal service even if they charge us for it. We have been promised to get all of this "in three months" several times. My question:

How long can the Town Hall deny us full membership in our municipaly?

All these instances should be being monitored as abuse of property rights if you continue to be denied a licence through no fault of your own. Have the town hall provided a reason for lack of licence? Might this be deemed an illegal build or failure by developer to provide the finances to complete remaining infrastructure , or due to major and abusive administrative delays etc? Surely you should be entitled to this information? What were the circumstances to your completion?

The fact that the conveyancing system "allowed you" to complete without licence in place , without all due diligences and checks appears a failure of the conveyancing system    ..report this to your MEP, and ask how they ( the EU commission) plan to establish an effective monitoring mechanism to act as adequate deterrent against growing instances of abuses of property rights of this nature.

Thanks ads.

Funny enough the councillor for planning now tell us that the Agent and the Lawyer should have told us about this licence. First time we heard about it was when a Spanish lady nearby, who was going to complete, told us that we should not have completed before we got the Habitation Certificate. 

As far as I know, we have the certificate for the property but not for the urbanization. The builder (Villamartin/Quara) left us without a proper entrance. In 2014, the Town Hall built the entrance, a roundabout, and a stone wall on a steep hillside from the builder deposition money. At that time the Mayor promised us Habitation Certificate by December 2014. Every approach to the Town Hall is always answered by “We will do it within three months”

I have talked to another councillor (opposition) and she said it was because of money we had no streetlight and garbage collection. The Correos say they have not got the proper information about our urbanization and cannot distribute letters. This is of course nonsense as we are on Google map and on the local map since many years.

The other problem is that our President and Administrator keep a very low profile in this case and my intention with this thread is to obtain arguments to put pressure on them and the Town Hall.

Sorry about the confusion. I could not find the right name of the matter yesterday.

licencia hábitar =Habitation Cerificate

Arne56,

I believe your position is similar to many others in Spain.  Town Halls seem continually pretend that a solution is on the horizon, but nothing actually happens, or they move the goalposts.  It seems like a game to them.  Perhaps it's a secret competition amongst Spanish Town Halls as to which can be the most unhelpful?

But as Ads says the Town Hall must give you a reason - can you specify what this is please?

This appears yet another instance of why it is so wrong to have a conveyancing system that  allows completions to take place without all necessary licences in place. 

In other words why is there not a MANDATORY system that from the outset provides all protective measures essential for safe transmission of property? Purchasers should not have to rely upon due diligence with regard to licence provision but should be automatically protected by OBLIGATORY provision.

Some  outstanding questions:

Are the Town Hall in breach of any health and safety factors by non provision of street lighting and garbage collection or are they exempt from any responsibility so long as all licences are not in place?

 Is the inference here that the Town Hall consider that purchasers are inhabiting their properties illegally? Does this then leave you without any means at your disposal to pressure the Town Hall? Catch 22 scenario?

Have you requested that the Town Hall clarify in writing exactly what Information is missing that is holding up this administrative process? 

Is the information that is lacking associated with issuance of post codes which might be dependent on completion of oustanding infrastructure?

Perhaps the only way to apply any form of pressure is to identify and complete formal complaint procedures to place on record any abusive administrative delays that appear to be denying you your right to legally inhabit your property if in your instance this is purely based upon administrative delays. 

Acer is right however, the exact reason for denial of licence must be established from the Town Hall ( in writing). 

Good luck ame56.

P.s. Have the President and Administrator been appointed by the developer and do they have overall control of the development in terms of voting majority? 

Thanks for your advises and exuse my English.

Yes, it is wrong, very wrong but here we are and have no tools to fight the authorities. And I dont vote for the present Mayer (PP).

 ”Are the town hall in any breach…” Probably. The new roundabout on CV941 is in completely dark as they have switched off the light. We have bins about 500 m from the urbanization but we normally have to take them into town by car.

“Is the inference here that the Town Hall consider that purchasers are inhabiting their properties illegally? “ We are paying property tax and garbage tax and have a deed for the houses. I am not sure that we have deed for the urbanization as our Administrator refuse to inform us about it. At the first contact with the Town Hall we were informed that we were not allowed to live in our houses, but we managed to get some bins far away.

“Have you requested that the Town Hall clarify in writing exactly what Information is missing”

We have been told that the reason was the missing roundabout and the stone wall. This is now fixed since 1.5 years. I do not know what contacts our President and Administrator is having. Probably nothing.I am seeking means to get them acting as i do not have any athority to act on behaf if our urbanization.

“Is the information that is lacking associated with issuance of post codes “ We have a post code and sometimes the Correos turn up to deliver avisas for qualified letters. The water company deliver letters by throwing them into the gardens.

Various Presidents have over the years have had contact with the Town Hall and have been ensured that there is no obstacles and the Habitation Certificate will be issued soon (normally in three months) and the we will have lights and letters and bins.

Others, not I, have voted the President and Administrator.

Can't you turn a lawyer loose on the Town Hall? It can't cost much to write a letter asking what the precise problems are and how can they be addressed.  It is always important to try and get problems set out in writing, or as Acer said, the goalposts get moved whimsically. I have been sparring with our Junta in Merida for years on a planning issue. I visit in person. They always treat my problems as if it is all new to them - despite them recognising me and being very cordial and - on the surface - helpful. Acer might also be right about that competition. (Mine must be a National competition - only the most obtuse planning departments are eligible.)

Arne56,

It is very easy to become negative in this situation, or get sidetracked, but you must have objectives and keep to a plan.

If I were in your situation my plan would be to identify a senior person at the Town Hall with responsibility in this area.  Preferably meet with him/her and ask the simple question why your Habitation Certificate has not been issued.  If they start talking about something you must always bring the conversation back to the simple question and keep repeating the question until you receive an answer. 

I've had the situation where suddenly they don't understand my admittedly poor Spanish, so taking an interpreter with you may be necessary.

Then immediately after your meeting write to the individual, with a translation into Spanish confirming what he/she said - keeping your letter short, factual and friendly.  Then send this letter to them by buro fax from the local post office/Correos which I believe in Spain makes it a legal document, which they will be obliged to take seriously.

Then I would copy the letter to your urbanisation President and Administrator and ask them how they propose to deal with whatever obstacle was raised.  If no reply is received you must remind every month or so and also ensure that the issue is put on the agenda for your urbanisation Annual General Meeting - this is a legal requirement to be held every 12 months in Spain, under Article 16 of the Horizontal Propery Act, the relevant legislation.

You may want to spread the word with your neighbours to get their support - presumably they are in the same position.   If you have any Spanish nationals on your community they can be most useful - Town Halls tend to listen far more to them than us foreigners!   Good luck.

Good practical advice Acer.

But so frustrating to recognise how these instances continue, and so sad to hear how Town Halls show such little respect or comprehension of how these uncomfortable realities are affecting people's lives. Having said that perhaps it's equally frustrating to have to work within a system that is so fraught with problems!

It shouldn't have to be this way and saddens me to see how this impasse perpetuates an "us and them" scenario.

Thanks ads and acer.

Several years ago, when we still had some faith in the Town Hall, our president had continuous contact and regular meetings with the councillor for planning. For not open our entrance (the key to Habitation Certificate) the "goal posts"   were  alternately: “The landowner request too high price. We are waiting for the court decision. The land owner has appealed in court. The building licence has expired. There is no money. Only some paperwork to be done”

“Therefore the building work will start in three months/in September.”

I think we all feel exhausted in this hopeless task and need to find a new approach. There must be a law forcing the municipally to threat its inhabitants equal.

But when they always say that it will be done soon…….

Dear Arne:

I can feel your frustration. Seems like you bought an illegal property.

As a matter of fact, you can keep waiting for the Local Council to solve this for more years ahead. You can either do this or claim the nullity of the whole business against developers and Banks and obtain full refund of your investment and find a better place.

Thanks Maria!

I would not be surprised if there is something fuzzy about this as with anything “legal”.

No one of the Agent, Builder, Lawyer or Notary mentioned anything about Habitation Cerificate problem. In the country I come from, the Town Hall treats all people the same and we get mail to every little chack, legal or illegal.

We have a Referencia Castral ...   from Gioberno de Espana, Ministerio de Hacienda….. We pay Property tax and Basura tax. We have water and Electricity. We have an entrance from a “Valencia” road. The Town Hall has told us that we have Habitation Certificate for our house but not for the area! Can it really be illegal?

One of our neighbour houses is still in dispute after 9 years as the Spanish buyer refused to complete. She was the only one who knew about the Habitation Certificate Syndrom. So claiming nullity would probably mean that we have to live on the street for the rest of our lifes.

And why can not the Correos deliver the letters? They know us and pop up sometimes. The senders have paid for the delivery, so this is in fact breach of contract. The authorities have sent letters to home owners for 9 years but most of them are returned. Even our own Town Hall, who is causing the mail problem, trying to send letters to the house owners !!!

Are the non-actions by the Correos and Town Hall legal? Is this according to the Constitution?

Dear Arne,

Totally sympathise, but you are allowing yourself to become sidetracked - the postal issue is relatively unimportant.  If you wish to succeed you need to stay focussed on the main issue.

You have to accept Maria's advice or another strategy, but unless you commit to one you will not make progress.

The main issue is to get post, streetlights and dustbins (that we pay for). To go foreward I must find an possible way. The only one I see is the next election as it seams to be no law that regulate the cuncil.

 The Town Hall has told us that we have Habitation Certificate for our house but not for the area! Can it really be illegal?

It is impossible to have habitation license for a property where building is not allowed, which is what my mind translates from that explanation Town Hall has given to you.

So claiming nullity would probably mean that we have to live on the street for the rest of our lives.

Of course not. You could live in the house while the case is being discussed and decided and who knows? it might also be a good pressing tool for Local Councils to be more diligent to solve whatever is the problem-- if it has a solution---. Having a Bank ---which at the same time is being claimed of refund due to nullity--- pressing the Council, can be a good wake-up call. I guess.

Are the non-actions by the Correos and Town Hall legal? Is this according to the Constitution? They might be. I would need to see what they say are the reasons for the lack of action.

Thank you everyone for your tips.

I will be back if I get any results.