Licencia primera ocupacion

[rt21]

Hi David


I wonder whether you could give me some advice

A couple of years ago I bought a new villa in a hamlet from a property developer. I asked my lawyer, who I chose independently and outside the area of purchase, to check the legality of the building. The response was positive and I was given a copy of the Licencia primera ocupacion fully stamped up and signed before I completed the purchase.

A year or so ago I asked the Ayuntamiento for details of the catastral number for my property and after undertaking a search of the internet the clerk told me that my property did not have a catastral number. She told me in very broken and limited english that the the area was urban and was ok. However, when she showed me the plan on the screen it was clear that the area had not been segregated.

One of my neighbours has told me that the developer has been unsuccessfully seeking additional funds from them and others to pay for the segregation and that is the reason for the delay

I should add that the Council has also just completed laying a tarmac road and pavement next to my house

Although my lawyer has subsequently told me not to worry, there is still a niggle at the back of my mind. Am I right to be concerned and what action should I take if any.


many thanks


Richard

[Mowser]

I should add that the Council has also just completed laying a tarmac road and pavement next to my house

The fact they are laying a road may show two things.

1 The council deem the area urbano so that's one worry out of the way.
2 As happened near here, after the roads were in and the lighting installed, the owners were hit with a hefty bill from the council.

Best of luck.

[Jool]

I think it means you own a house but do not own the land beneath it as the land has not been segregated so therefore you are all living on one plot of land...... but it sounds as though you are classified as urbana no consolidada and are in the process of being consolidated.......which means there will be a bill for urbanisation costs.

[julian]

it could be that it just needs segregating in the catastro, which is quite simple if it is already segregated in the registry, you need more info as to what the situation really is before correct advice can really be given.

[rt21]

Many thanks for your replies.

Although my lawyer did inform me at the time of purchase that that the developer was responsible for all infrastructure costs, in todays economic climate that promise may have a hollow ring to it. On top of that the planning laws in Spain do seem unfathomable with different layers of government involved in their implementation and interpretation. My one big fear is finding out one day that the authorities have bulldozed my property without my knowledge. This is one of the main reasons why I have held back in spending any money in developing the property.

many thanks once again



Richard

[Jool]

Your solicitor should have checked that the land was segregated before the villa was built..........it does not seem that you have an illegal build but you have incomplete documentation......

Can you post on here what your escritura says and what the nota simple says? It may just be that the catastro is out of date..........