Certificate of Habitation

[Jool]

DAvid - can you help please?

I have recently read on another forum that a property whose certificate was issued 12 years ago (1998) is now being taken to Court by the Junta who say the certificate should not have been issued and they want to place an injunction on said property. The property involved is an old one, older than 1998, my question is

I do not have a certificate of habitation on my property, it has never had one, was built and registered in 1989, we have mains elec and phone, private communal water supply, what happens now when we sell if even these are being challenged on property built before the 2003 cut off? I am reluctant to contact the town hall for one retrospectively in case it alerts anyone to a problem as yet unknown?

[julian]

relax, no one will ask for one for a 1989 property, unless they are british and read this forum.

[DavidSearl]

FROM DAVID SEARL

FOR JOOL

Your question is: "My property does not have a Certificate of Habitation. What happens when I go to sell it?

1. Nothing. Your property is registered in the "Registro de la Propiedad". Your deeds, the Escritura, are in order. That is all you need to sell your property.

2. The "Cedula de Habitacion" was replaced by the "Licencia de Primera Ocupacion", both issued by the Town Halls. It is only on a newbuild property that anyone needs to be concerned. Many older properties never received the Cedula.

3. Perhaps your information from the other forum is incomplete. It is very unlikely that the Junta would take any action against an older dwelling simply for the lack of this Cedula.

Good luck with it, David Searl

[julian]

I imagine it is also prescrito by now which means the junta wouldn´t win the case anyway

[Jool]

Thank you David and Julian.....

Julian - never heard the term "prescrito", can you tell me what it signifies in legal terms please?