Communidad de Propietarios to apply for Cédula.

We have been living in our urbanisation of private villas for just about 3 years, although some of our neighbours have been here a couple of years longer.    The urbanisation is split 70/30% Spanish to English owners and we all paid in full when we got our escrituras without waiting for the cédulas because we trusted the builder, the architect, and the site engineers mainly because they were all going to live on the urbanisation alongside us.   2½ years ago the constructor submitted the 'Fin de Obras' as part of the application for the Licence of First Occupation and although the licences hadn't yet been issued, we were all connected to the mains gas supply, electricity, telephones and our water comes from a well in the garden of the builder's own house on the urbanisation.  The licence application dragged on with the Town Hall requiring further work to be done by the constructor in respect of the infrastructure and the constructor resisting every demand.  Earlier this year, the majority of the owners received bills for IBI payments and we were told by the Town Hall that rates were due because the houses are considered legal because they have been constructed accordingly the Building Licences but because the builder hasn't done enough to enable to cédula to be issued, we can't legally live in the houses. Curiously there are 5 people on the estate not registered for IBI at the moment, the builder's wife,(who now lives alone as her husband has run off with another woman - another reason why he no longer has any interest in the urbanisation) the head of the engineers, the architect and a couple of friends of the builder!

A week ago, we were called to a meeting by the head of the engineers, who informed us that the original application for the licence made by the builder has now expired (apparently there is only a 2 year validity period for this application) and  as the builder is of the opinion that the Town Hall are being excessive in their demands, he is not going to do any more work to finish the estate nor is he going to make a new application.  Therefore, we were told, we have two options (a) the engineers will make an application for all the owners in the name of their firm, but we will all have to pay for this - some 600 euros per house or (b) institute proceedings against the Town Hall which could take years, be very expensive and have no guaranteed result.  In addition to the contribution to the new application, we now each have to pay for a inspection of the house to say that it meets the requirements against noise pollution, a law brought into the Alzira Town Hall just 3 months ago!  Several of the owners (mostly English) are reluctant to join in the new application because they feel that once they do the Council will be able to come and ask the owners to pay towards the finishing of the estate but they also know that the second option is not a feasible one.  We assume that the builder lodged a bond against non-completion of the estate but does anyone know if the council can apply to the owners for more money if the bond is insufficient to put things in order?   We have also been told that instead of allowing the council to take over the water supply as they are supposed to, it is in our interests to seek a private supply and then pay towards a reserve fund towards the cost of testing and maintenance of the pump equipment, and, of course, pay for our individual water consumption.  The costs appear to be mounting with each sentence the engineer speaks and we are all very worried that soon we are not going to be able to afford to live here.  The majority of english owners are pensioners who were told their only payment  to the community fund would be around 50 euros a year as a contribution towards the electricity needed to pump up the water.  

The other worry we have is that if we don't make the new application for the Licences, the Council could become awkward and demand that the gas, electricity, telephone services are disconnected.  We have always been made aware that the services are dependent upon the production of the cédula once it has been issued. 

We can't actually understand why we should be suing the Town Hall and not the builder.  Surely the owner's beef is with him and not the Town Hall.  Is this just a case of the engineers protecting their fellow partner?  Unfortunately the engineers are being very limited in the information they are giving, not offering any explanations, simply demanding the money to process the application.  Any advice will be welcomed.

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I thought I had heard them all. Sorry I can't contribute, but I look forward to somebody in the know, providing useful information...................Maria?

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We would need to see the application for Habitation License and the response by Local Council. Once we peruse it, it will be clear if the course of action is more feasible against Local Council or not.

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I'm sorry, I should not trivialise these things. I know it can get complicated and it is your business. I'm sure you need proper details to respond.

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Dear Maria

Thank you for your response.  I think it will be extremely difficult, if not impossible, to get any information from either the Town Hall or the engineers.  My husband and I have been to see both the Engineers and the Town Hall Architect many times during the past two years to try and find out exactly what the problems are with the issue of the cédula.  The engineers say that the Town Hall never put in writing what needs to be done and the Town Hall say that the engineers know exactly that works are required.  We don't know who to believe. The builder simply hangs up the phone and refuses to speak to anyone about anything concerning this matter or the estate in general.  He has washed his hands of all of his responsibilities with regard to essential repairs, and his legal or moral obligations.

I think that most people in the urbanisation, as a community, would prefer to pay the extra money being demanded to get a solution but  are worried that once they show their willingness to get things done, the floodgates will open and  the Town Hall will then pass on the builder's liabilities to the community .  On the other hand, there is concern that if we were to go along the Court route against the Town Hall, they could become awkward and have the gas, electricity etc. cut off.  Most of the English families here have no other homes they can go to.  What we were hoping was that someone would be able to tell us whether it is normal for a Town Hall to ask for more money from the owners if they already have the builder's bond against the unfinished works.   Perhaps there are others who have found themselves in a similar position?

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I was under th impression that if the builders bond with the council was insufficient to cover outstanding works then the owners could be asked to contribute. The access road to our urb hasn't been done and we have been told the council are holding something like 3,000,000 euros for this. We have no idea when the council will decide it's time the road was done and use this money and whether it will be enough.

Regards

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Newbie:

 I would start the route by requesting  the Town Hall for  information in written, then if necessary I would go to the Administrative Courts  for urgent tutelage on the situation, so your fundamental rights will not be damaged along the procedure. This is a democratic Law state, we need to activate our rights...

Of course I highly advise you all to hire an Adminstrative-Civil Specialist lawyer  to help you with this. You just need to unite wills, gain some determination and act wityh no fears but a Lawyer with you.

Good luck and let us know if you need enything spcifical.

Maria 

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Thanks Maria for the helpful advice.  At least now we know where to start-Up until now we were stumbling around in the dark and feeling very intimidated.  And we will take you up on your offer of further help if necessary.

Thanks too to the other respondees, it is always helpful to have as much information as possible.

 

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