First occupation licence

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wollie
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Re: First occupation licence

Postby wollie » Tue Jun 06, 2017 9:01 am

Sid,

Thanks for that, the house certainly is not illegal but it seems the bit he added on was not put on the original escritura and this part of the build is not officially in existence.
He has my head wrecked about it for two years or so and i said if he kept bringing it up i would stop calling though i would to give them clarity.
They seem to think if someone else wanted to have services connected there be a problem.
It is not a problem as they are not thinking of selling but would like to know if they need to do anything.

Regards

Gasman
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Re: First occupation licence

Postby Gasman » Tue Jun 06, 2017 12:06 pm

Well ours was built around 1998 and although an architect was supposed to have submitted plans, there are none at the Town Hall Cadastral office - the architect is mentioned in the escritura which was drafted by a notary in Huelva capital, rather than our local town, before it was put up for sale in 2006. This confirms it as a Nueva Obra and the house has always had its official Endessa electical supply. Of course now the Architect has long since retired so we cannot confirm the plans, nor where they may have been submitted - perhaps they are languishing in Huelva. Nowhere is there a LdO, nor actual mention of an LdO, nor the need for one. Now the local Notary who will deal with the sale (if ever we get someone to buy it) says that as it is no longer a NEW build, and that it has changed hands previously with legal escritura done by him, there will be no requirement to produce an LdO now. How do we explain that to a German or Dutchman who has read everywhere that all habitable properties in Spain should have an LdO??

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Wicksey
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Re: First occupation licence

Postby Wicksey » Tue Jun 06, 2017 12:52 pm

Tell them to ask the local Notary and they'll get the same answer as you .... tell them that's the way they do it here. Everyone has different stories of what has to be/has not got to be done and people will have heard all sorts of things. There's always a lot of hearsay bandied around.

Miro
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Re: First occupation licence

Postby Miro » Tue Jun 06, 2017 8:58 pm

...which is why I suggested to the OP that he asks the notary where he will be signing for the sale. I don't know if it's different for houses than for apartments (or if Sid means houses and not apartments when he says "viviendas"), but I can assure you that when selling an apartment now in Torremolinos at least, there is NO requirement to produce a LFO, and when I bought the apartment in 2004 I signed at a notary in Benalmádena, and there was NO LFO attached to the escritura.
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El Cid
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Re: First occupation licence

Postby El Cid » Tue Jun 06, 2017 10:39 pm

Apartment blocks in urban areas, like old town houses, are rarely illegal, so it really isn't an issue. It's when you build a house, especially in non urban areas that it is essential. That said, there are whole organizations in Andalucuia that were illegally built and they don't have LFOs. There are reckoned to be 300000 illegal houses in Andalucia.

Sid

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peteroldracer
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Re: First occupation licence

Postby peteroldracer » Wed Jun 07, 2017 8:42 am

Any house plans should be approved and registered by the College of Architects, who should have a copy?
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HugoW
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Re: First occupation licence

Postby HugoW » Fri Jun 09, 2017 9:09 pm


USINSPAIN
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Re: First occupation licence

Postby USINSPAIN » Wed Jun 06, 2018 11:20 am

Only taken nearly one year but finally found reason for no licence the house behind mine has a retaining wall and they think it is to tall about 1.20 metre to tall but townhall thought it was my wall, they now accept it belongs to the other house not mine. So now we need to get our licence which according to lawyer and Achitect should be no problem, lawyer is saying best way is to try and get reopened old application instead of new application, what are likely costs and what is the best way to go.
Thank you

Gasman
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Re: First occupation licence

Postby Gasman » Wed Jun 06, 2018 12:07 pm

So we went ahead with the application for the LdeO - took about 6 months, but then we were not in a hurry to pay the Tasa required for the issuing of the Licence from the TownHall Architects office. Prices may vary wildly - our architect thought it was based on the cadastral value of the property, and since ours had been reduced recently as half of it is now considered rural rather than urban (the bit with the house on), we lingered a little to benefit from that - only to discover as we finalised the application, that the price of the tasa is actually based on a random market price worked out by the College of Architects of Huelva on square meterage and assets such as pool/garage/outhouses/etc. At well over 1,000 euros it was a bit of a shock, but still worthwile to be able to produce at time of sale. Apart from our local estate agent and the local notary, EVERYONE now agrees that without a LdeO or equivalent for rural properties, sale is difficult if not impossible in this day and age, and especially to foreigners (who are more clued up than locals!)
If you can resurrect the original application, that may simplify your proceedings, especially if you have some written approval about that wall to now include in it.

El Cid
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Re: First occupation licence

Postby El Cid » Wed Jun 06, 2018 4:34 pm

I assume you have to pay for it it was not issued at the time of the build.

When we built our house there was no charge, it was issued as part of the process and the building licence was very expensive - about 6% of the build cost so I guess the costs were built into that.

Sid


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