buying a 5 years old house with no first occupation licence

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spanish_lad
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buying a 5 years old house with no first occupation licence

Postby spanish_lad » Thu Sep 06, 2007 4:24 pm

would it be a wise move? there is 3-phase power contracted to the house, as well as a phone line. the present owner built it and has lived there for 5 years, and apparently has had no problems...

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Cassandra
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Postby Cassandra » Thu Sep 06, 2007 4:30 pm

Hmmm, wouldn't do it in our area. People who have lived in houses for 20 years are suddenly finding out they're living in illegally built houses. You'd have to be very brave, very foolish or it would have to be very, very cheap to be worth the gamble :?

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Postby pwwm » Thu Sep 06, 2007 4:41 pm

I personally would take the gamble, I thought they could not sell unless they had this licence, I am sure beachcomber will know the score

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Postby silver » Thu Sep 06, 2007 5:00 pm

Why not just go to the town hall and ask...better safe than sorry.
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Postby spanish_lad » Thu Sep 06, 2007 5:08 pm

well it had a building licence, but apparently no first occupation...

hmm, €145,000 for a 5 year old campo property on 2000m2 with wooden floors throughout? looks like a good deal to me ;) a bit more than anyone can afford to loose tho...

silver, what do you mean ask at the town hall ? for what? for them to grant a licence?

pwwm, what do you mean? cant sell without the licence? is that right.. hmm, bargining chip anyone ?? ;)

cassandra, even if they do find that out, isn't there a rule that after 4 years it can be registered and nothing can happen?

the house is on the castral and has a plot number, but this apparently crosses the boundries of a couple of other plots??

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Postby Beachcomber » Thu Sep 06, 2007 5:12 pm

Is this a rural property?

Presumably it doesn't have an obra nueva either so the answer would be no. If it doesn't have a certificate of first occupation there must be a reason especially after five years.

Have you checked the escritura, does it show a house (as opposed to a shed) having been been built on the land?

I should get someone to check this out properly unless you want to end up with some nasty surprises.

EDIT

You posted your last comments just before I posted mine.

OK so it has a building licence but is it for a house? Does it have an escritura de obra nueva. The four year certificate of antiquity loophole has been well and truly closed and is no longer an option.

Is it registered both in the property registry and in Catastro?
Last edited by Anonymous on Thu Sep 06, 2007 5:18 pm, edited 1 time in total.

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Postby MrsP » Thu Sep 06, 2007 5:17 pm

My first thought would be if I am thinking seriously about NOT buying it then would I be able to sell it in the future and also with all the doubt could it be knocked down and I would be left with nothing.
There are thousands of houses around, look for another one, a legal one.
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Postby silver » Thu Sep 06, 2007 5:18 pm

5 year old campo property on 2000m2
forget it..you cant build a house on rural land that size..now or before..so could be on the danger list...maybe thats why he is selling so cheap. :idea:
it had a building licence
have you seen this??? ask yourself...why would he sell cheap if he could sell for more with the first occupation...
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Postby Beachcomber » Thu Sep 06, 2007 5:23 pm

Chances are the land is proindiviso as well. This isn't near Villafranco is it?

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Postby campo babe » Thu Sep 06, 2007 6:12 pm

Surely after all this time an Occupation licence would not be needed, if the electricity is connected?

Is it registered on the land? If not is there an architects final certificate which could be used to register it?
Last edited by campo babe on Sat Sep 08, 2007 10:18 am, edited 1 time in total.

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Postby Beachcomber » Thu Sep 06, 2007 6:15 pm

Since June you cannot, under any circumstances, register a property without a certificate of first occupation.

This is an instruction which has been issued to notaries and property registrars and is being strictly adhered to.

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Postby campo babe » Thu Sep 06, 2007 6:18 pm

Thanks, we spoke to a gestor yesterday and she didn't mention this.

Well its our luck again. We could have done it in February but for the architect putting the wrong date on the paperwork.

I will make further enquiries.

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Postby Beachcomber » Thu Sep 06, 2007 7:05 pm

Sorry, Campo Babe, I didn't realise this was going to affect you personally.

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Postby Cassandra » Thu Sep 06, 2007 8:20 pm

The houses I referred to are now within the town boundary but weren't at the time of building. They have been regularised (is that a word?) but with very heavy fines for flouting the building regs in the 1st place. In one case the house was sold a couple of years ago and the new owners have been landed with the fine even though it wasn't their fault :x

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Postby El Cid » Thu Sep 06, 2007 9:42 pm

Cassandra wrote: In one case the house was sold a couple of years ago and the new owners have been landed with the fine even though it wasn't their fault :x


I think you will find that is wasn't classed as a fine but as a "Legalisation Tax".

As the current owners they will gain the benefit from that when they come to resell. If it was an illegal house when they bought it I am sure that was reflected in the price they paid.

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Postby Beachcomber » Thu Sep 06, 2007 10:47 pm

Not necessarily. In my experience many people don't even know their houses are illegal until they either come to sell our want to raise a mortgage.

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Postby Cassandra » Fri Sep 07, 2007 12:14 pm

and since this one is now within town boundaries, complete with street lights, proper pavements and all there was no reason to suspect anything. I never heard the final outcome but there was talk of the original owners sharing the cost of the fine or 'legislation tax' as they had also been ignorant of any irregularities when they sold the house.

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Postby campo babe » Sat Sep 08, 2007 10:24 am

Beachcomber, do you mean that under the new regulations you cannot register a house that has a building licence but does not have the occupation licence?

If so, it is a big step forward by the Spanish authorities, or does this apply only to the four year rule?

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Postby Beachcomber » Sat Sep 08, 2007 11:06 am

My understanding is that you cannot carry out an escritura de declaración de obra nueva without a certificate of first occupation even if you have a building licence.

It obviously follows that if you cannot do the obra nueva you cannot register it and even if it gets past the notary the property registrar will not allow it to be registered.

I also understand that this has always been the case but that the requirement has not been rigorously enforced until now.


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