building licence problem

Do you have a query on how to get things done in Andalucia, where to find things, who to call? Find out by posting and hear about others experiences.
donna bagnall
Andalucia.com Amigo
Posts: 81
Joined: Sat Jun 26, 2004 11:09 pm

building licence problem

Postby donna bagnall » Tue Sep 27, 2005 10:12 am

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

User avatar
silver
Andalucia Guru
Posts: 2440
Joined: Tue Jun 15, 2004 7:44 pm

Postby silver » Tue Sep 27, 2005 10:22 am

Have you asked the estate agent in Rincon de la victoria to pay the architect?
No muerdes la mano que te da de comer.

Beachcomber
Andalucia Guru
Posts: 11081
Joined: Tue Jun 15, 2004 11:11 pm
Location: Guadalhorce Valley

Postby Beachcomber » Tue Sep 27, 2005 11:15 am

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.

User avatar
costakid
Andalucia Guru
Posts: 5754
Joined: Sun Feb 13, 2005 11:55 am
Location: malaga este

Postby costakid » Tue Sep 27, 2005 4:18 pm

have you any proof that they were both killed. That might be an excuse to put you off there trail. Might sound far fetched but people are known to use anything to put you off there trail.

User avatar
jpinks
Andalucia.com Amigo
Posts: 219
Joined: Tue Dec 21, 2004 6:10 pm
Location: El Camacho, Jubrique
Contact:

Re: building licence problem

Postby jpinks » Tue Sep 27, 2005 7:06 pm

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.
Presumably with Power of Attorney?
Had the house built , numerous problems along the way.
Apart from the usual technical problems, what else went awry?
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.
You will need to get copies of their death certificates if you want ot pursue this to it's conclusion.
Since found out no building licence in place, despite having signed contract stating architect fees and licence.
Who was responsible for getting the permissions - the builder or the architect? Usually it's the architect.
All money paid to company for work carried out. Now being told by legal advisor that architect wasn't paid for his work
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.
and want another 5200e to sigh off property.
If the architect is contracted by the builder, then you are stuck on a limb.
Even if this happens still cannot register 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.
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
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?
Slainte,
JohnP.

campo babe
Resident
Posts: 588
Joined: Sat Apr 16, 2005 4:57 pm

Postby campo babe » Tue Sep 27, 2005 10:56 pm

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?
Last edited by campo babe on Sun Mar 21, 2010 11:08 pm, edited 1 time in total.

donna bagnall
Andalucia.com Amigo
Posts: 81
Joined: Sat Jun 26, 2004 11:09 pm

building licence problem

Postby donna bagnall » Wed Sep 28, 2005 3:32 pm

Thanks for all your responses. Will be asking a lot more queations when we meet with legal advisor and estate agent in October
Donna

User avatar
jpinks
Andalucia.com Amigo
Posts: 219
Joined: Tue Dec 21, 2004 6:10 pm
Location: El Camacho, Jubrique
Contact:

Postby jpinks » Wed Sep 28, 2005 6:10 pm

A friend of mine has a tame heavyweight lawyer. I'll try to get the contact details this weekend. If anyone wants them - pm me please.
Slainte,
JohnP.

Beachcomber
Andalucia Guru
Posts: 11081
Joined: Tue Jun 15, 2004 11:11 pm
Location: Guadalhorce Valley

Postby Beachcomber » Wed Sep 28, 2005 6:10 pm

Campo babe, you will need to give a clue as to your location or, if you prefer, I will PM you with the names of two both of whom have proven themselves (at least to me) and are experienced in litigation but are not run-of-the-mill property conveyancers.

campo babe
Resident
Posts: 588
Joined: Sat Apr 16, 2005 4:57 pm

Postby campo babe » Thu Sep 29, 2005 10:11 am

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.

donna bagnall
Andalucia.com Amigo
Posts: 81
Joined: Sat Jun 26, 2004 11:09 pm

building licence problem

Postby donna bagnall » Thu Sep 29, 2005 10:36 am

campo babe, did you by any chance buy from eurohomes in rincon del las vicotria, or RSCO in Torre Del Mar?
Donna

campo babe
Resident
Posts: 588
Joined: Sat Apr 16, 2005 4:57 pm

Postby campo babe » Fri Sep 30, 2005 10:54 am

No our estate agent was in Nerja.


Who is online

Users browsing this forum: No registered users and 38 guests