Mimosa Beach Gardens

I would have to worry that I was too open minded if I told you my opinion on Freds lawyer - either that or my brains had fallen out! You can lead a horse to water.................

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Please hear the advise of an salesman........ do not complete unless there is "habitation license" o "Licencia de primera ocupacion".... it is true that sometimes the administration is too slow releasing them, but times are difficult and is a better to be on the safe side than on the wild side.

Lots of my clients have completed before the licensing, but that was after careful consideration, a visit by their lawyers to the Ayto to really find out how the "process" is going and if "all is OK" but they are not meeting in a "pleno" ( all "concejales", "ministers" of the Ayto to sign..... then there were no problems..... but things are MUCH difficult now.

For the developers is a disaster to finish a project and having to wait for long months for the "blessed license".... but as I said in other thread....... almost nobody dares to place a signature anywhere in spite of the corruption and "embezlement" cases that happenned.

Cheers,

Juan.

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Can anyone please confirm LEGALLY if the "cedular de habitation is the same as "first occupation" licence.
We find this most interesting as we are coming up to this position.

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Hi Roberto and Smiley have instructed my lawyers that i wont complete until after the licence is granted and will ask bank to put release of mortgage on hold. I will let you know if and when I get reply from the lawyers.

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Hello LizTC,

As far as I know, the "cédula de habitabilidad" is another way to mane the "Licencia de primera ocupación"

In fact that means that the propperty is "ready to be habited" and thus approved by the Ayuntamiento ( Town Hall)... that gives you the ability to make contracts with service companies such as Electricity, water supply, etc.....

People completing before the "1st ocupational license" get their electricity and water from the consumption contracted by the developer for the construction phase, ussually for free until the blessed license is granted.

Cheers,

Juan.

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Interesting thread. Is there at licence to be granted after the first occupational licence and if so, what is its significance?

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I am currently trying to buy a property on an urbanization where the seller completed on the house before completion of the urb. Therefore the ´Nota Simple´ came back from the registry yesterday that the property is still in construction. This is becuase the builder has not signed to complete the urbanization.

The bank have said that they cannot release money on a property with nota simple like this. I have no chance of the buider signing the ´obra final´ before I want to complete in march, as the urb has been compelte now for 2 years.

How can you buy/sell a property where the urb has not been signed off?

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This is Spain Claire and many people try to do many things circumventing procedures as it is easier than waiting for the levels of bureaucracy to process planning applications etc. Plus for the developer time is money - ·"the sooner I start to build the sooner I can start to sell". Under no circumstances should you buy the house without the Final de Obra and the First Licence of Occupation. I have clients waiting to take mortgage borrowings on a house they had built in Almeria - we have had approval for 3 years - they moved into the house nearly two years ago on permission from the builder but as yet there is no Escritura because there is no Final de Obra as the correct procedures were not followed re Licensing. Thankfully their lawyer is a lovely friendly person who really really looked after them in that respect - always offering them glasses of wine when they went to visit etc and certainly wouldnt let them do anything irregular but guess where they got the intro?

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