Granting of Habertation Certificate
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Unfortunately my neighbours and I all signed for our properites before the habitation certificate was issued. That was five years ago and since then the builder Grupo Urbasa has gone onto liquidation. We have been paying the electricity and water between the apartments for most of that time and because it is builders supply the bills are split equally between us all no matter how much time you spend in the apartment. Obviously for those who live there permanently it has probably worked out cheaper but at the expense of all those that don't. The town hall has the builders bond and has agreed to have the rest of the work completed so that the certificate can be issued. As in most cases the town hall is taking its time about this and we are just left dangling as usual.
Would anyone have any advice on how we could try and get the town hall moving and if it would be better to employ a lawyer to act on our behalf. Sorry for the drawn out explanation but believe me this is the condensed version.
Robert, El Altet Alicante
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Hi
I am somewhat surprised that you still have electricity after 5years on builders supply.
Normally,as we found out to our cost, this builders supply contract is only valid for three years, after which the supplier can cut off the supply, irrespective of whether the bills are paid.
The Habitation Certificate or Certificate of First Occupation (I assume this is the same thing) then becomes a pre-requisite along with the Electrical Inspection certificate (the Bolletin) for a normal Vivienda Contract to be set up with your supplier.
Maria pointed out to me a little while ago that living in a property that doesn't have a Certificate of First Occupation is in fact illegal...
Think you need to gee-up the Town Hall...
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Ibedrola did threaten to cut us off when the builders would not pay anymore which is just over 4yrs ago. Some people have tried to sell and have had many problems as the building really cannot be inhabited as you say without the certificate. I think the best thing is to try and get all the neighbours together and see if we can go to the town hall. Unfortunately those who live there permmanently are dragging there heels and are not to keen to push this through as there bills will be higher I am sure when we are on our own meters.
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Rob67uk:
Yes, I would encourage you to use the services of a lawyer ( specialist on Planning and Real Estate Law) in order to achieve the legality of your houses from the Town Hall.
Good luck and please keep us posted!
Maria
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Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Maria
As a matter of general interest
Do all builder/ developers have to give a 'bond ' to the Town Hall to cover the cost of infrastructure works ?
If this is a requirement do some Town Halls ignore this and allow the development to be built without a 'bond'
In UK developers have to give a 'bond' to the local Council to cover the cost of finishing off roads etc so is this the same in Spain
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