We had a house built in Arenas close to velez malaga, up in the campo. Bought through estate agent in Rincon de la victoria. They went to notarty and signed on our behalf for land. Had the house built , numerous problems along the way. Jan 05 house complete, still not signed paper work to register house. Company who built were rsco in torre del mar. Both owners were killed in motor bike accident middle of this year. Since found out no building licence in place, despite having signed contract stating architect fees and licence. All money paid to company for work carried out. Now being told by legal advisor that architect wasn't paid for his work and want another 5200e to sigh off property. Even if this happens still cannot register property. Town hall of Arenas aware of all this, advised to wait for out come of POT plan, and then wait to see what the junta decides to do will all the unregistered property's in Axarquia. Also told could wait 4 and half years and then try and register property. At wits end at the moment don't know what to believe. Any advice would be useful
Donna
building licence problem
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Has the 'legal advisor' been in on the act since the beginning? If so, he/she should never have allowed this situation to happen and it is probably time to change him.
Presumably you gave a power of attorney to the estate agent but with whom did you sign the contract stating that the architect's fees and obtaining of the building licence was included, the estate agent or the builders? What was the purpose of this contract? Was it written in Spanish, did you have an English translation, did you understand it and did it say that it also served as a receipt for the payment of the architect's fee and building licence?
You are aware that paying the architect in order to obtain the final certificate from him is not going to enable you to register the property but he may come after you for his fee anyway unless you can prove that it was paid to someone who failed to pass it on.
In the past it has been possible to register an illegal building by obtaining a certificate of antiquity after a number of years had passed but the authorities have clamped down on this procedure with an iron fist and notaries are now obliged to report all prospective transactions of this kind to the Junta de Andalucía once it comes to their notice.
You are probably going to need some kind of legal representation but, as I said in another recent post, make sure you find a heavyweight lawyer preferably from outside of the area who is experienced in pursuing litigation to its ultimate conclusion, through the courts, if necessary rather than some lightweight, fly-by-night property conveyancer who managed to scrape through a law degree.
Presumably you gave a power of attorney to the estate agent but with whom did you sign the contract stating that the architect's fees and obtaining of the building licence was included, the estate agent or the builders? What was the purpose of this contract? Was it written in Spanish, did you have an English translation, did you understand it and did it say that it also served as a receipt for the payment of the architect's fee and building licence?
You are aware that paying the architect in order to obtain the final certificate from him is not going to enable you to register the property but he may come after you for his fee anyway unless you can prove that it was paid to someone who failed to pass it on.
In the past it has been possible to register an illegal building by obtaining a certificate of antiquity after a number of years had passed but the authorities have clamped down on this procedure with an iron fist and notaries are now obliged to report all prospective transactions of this kind to the Junta de Andalucía once it comes to their notice.
You are probably going to need some kind of legal representation but, as I said in another recent post, make sure you find a heavyweight lawyer preferably from outside of the area who is experienced in pursuing litigation to its ultimate conclusion, through the courts, if necessary rather than some lightweight, fly-by-night property conveyancer who managed to scrape through a law degree.
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Re: building licence problem
Presumably with Power of Attorney?donna bagnall wrote:We had a house built in Arenas close to velez malaga, up in the campo. Bought through estate agent in Rincon de la victoria. They went to notarty and signed on our behalf for land.
Apart from the usual technical problems, what else went awry?Had the house built , numerous problems along the way.
You will need to get copies of their death certificates if you want ot pursue this to it's conclusion.Jan 05 house complete, still not signed paper work to register house. Company who built were rsco in torre del mar. Both owners were killed in motor bike accident middle of this year.
Who was responsible for getting the permissions - the builder or the architect? Usually it's the architect.Since found out no building licence in place, despite having signed contract stating architect fees and licence.
You make it sound like the architect was due to be paid by the builder - is that correct? If so, he has ato pursue them, not you.All money paid to company for work carried out. Now being told by legal advisor that architect wasn't paid for his work
If the architect is contracted by the builder, then you are stuck on a limb.and want another 5200e to sigh off property.
True - you will need permission in retrospect if that is possible, but you seem to get on well with the town hall, so try that.Even if this happens still cannot register property.
It's difficult to comment more without knowing exactly who was contracted to do what and for whom. You seem to have had several "professional" people involved, estate agent, builder, architect and "legal advisor", but you don't say which of these were actually part of a written contract with yourself, and that is going to make a big difference. What is the "legal advisor" - a lawyer, a gestoria or a friend?Town hall of Arenas aware of all this, advised to wait for out come of POT plan, and then wait to see what the junta decides to do will all the unregistered property's in Axarquia. Also told could wait 4 and half years and then try and register property. At wits end at the moment don't know what to believe. Any advice would be useful. Donna
Slainte,
JohnP.
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Having found myself in a similar situation to Donna, apart from the builder dying, I am interested to know Beachcomber if you can recommend a heavyweight lawyer.
We too are promised that our licence problems will be sorted out in the new PGOU,
The main problem now is whether to wait or whether to get a good lawyer on the case for us. Would involving a lawyer "rock the boat" as far as the goodwill of the ayuntamiento is concerned?
We too are promised that our licence problems will be sorted out in the new PGOU,
The main problem now is whether to wait or whether to get a good lawyer on the case for us. Would involving a lawyer "rock the boat" as far as the goodwill of the ayuntamiento is concerned?
Last edited by campo babe on Sun Mar 21, 2010 11:08 pm, edited 1 time in total.
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building licence problem
Thanks for all your responses. Will be asking a lot more queations when we meet with legal advisor and estate agent in October
Donna
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Just east of Malaga, inland from Rincon de la Victoria.
Last edited by campo babe on Sun Mar 21, 2010 11:10 pm, edited 1 time in total.
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building licence problem
campo babe, did you by any chance buy from eurohomes in rincon del las vicotria, or RSCO in Torre Del Mar?
Donna
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