Habitation Certificates

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Sampson
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Posts: 52
Joined: Wed Dec 17, 2014 6:09 pm

Habitation Certificates

Postby Sampson » Mon Feb 23, 2015 8:43 pm

Dear all,

I would appreciate any advice on the absence of these on our urbanisation in Murcia. It's quite large - about 800 dwellings of which approx. a half have them and despite repeated meetings and requests over many years the local town hall are refusing to provide them.

Their reason is that the urbanisation is, in their view, incomplete. It was intended to comprise 40 or so areas, manzanas, whereas only 37 were ever built. The contractor went bust leaving us many problems, but finally last year we completed the remaining works required (top dressing of roads, pavements, road signs and marking, landscaping, electrical connections acceptable to Ibedrola, etc etc) relevant to the properties built. But then the town hall moved the goalposts - they want us to complete these same aspects on the land where properties have not been built (and never now likely to be).

Our President has declined any assistance, but pursued the matter himself with the town hall using a local solicitor. A meeting took place with the mayor but they still insist we complete the infrastructure and will not budge. The cost would be €500,000 or so and would be a complete waste of money, but we have no funds left anyway.

The President wants to keep everything to himself but wrote to the Ombudsman (?) 6 months or so ago without as yet apparently receiving any reply. His letter was apparently citing "discrimination" as the reason upon which the town hall must provide HC's to those without. All he will say is that he will circulate details when received. He is well intentioned, but not a team player.

Now one or two people who wish to sell are finding the process more difficult. Whilst there is a substantial volume of properties without HC's in Murcia all the adverse press has made some of the prospective purchasers wary. Whilst I'm aware that in theory Notaries are supposed to refuse a sale from proceeding where there is no HC in practice this is ignored in Murcia.

Recently a sale of a property w/o an HC fell through and the purchaser then bought an identical house a hundred yards away that had one. All a bit silly but highly distressing for the lady who was desperate to sell to return to the UK.

The town hall's motives are unclear. They only issued the first batch of HC's as a favour to the contractor as he was facing legal action. But now the contractor is in liquidation he is not interested in helping. It is possible that the town hall want us to spend money on the infrastructure just to line the pockets of local contractors, but this will not happen unless we get lucky with El Gordo.

The solicitors that have been consulted seem to make all the right noises and are happy to debate the matter at length with anyone they can, but have achieved nothing.

Any thoughts/advice much appreciated.

Sampson
Andalucia.com Amigo
Posts: 52
Joined: Wed Dec 17, 2014 6:09 pm

Re: Habitation Certificates

Postby Sampson » Thu Feb 26, 2015 5:47 pm

I was disappointed not to receive any response to my initial post, so I PM-ed a member and received a PM back, for which I am grateful.

To paraphrase and précis the reply:

If the town hall insist that you complete the full infrastructure then there is little you can do about it. Solicitors cannot do anything, for the same reason.

Forgive me, as I've been told more than once that I can be like a dog with a bone, but also the downside unfairness and absurdity of this situation won't allow me to give in too easily.

A few questions spring to mind:

~ does not the Planning Permission have a time limit within which the properties must be built. If that has expired, surely the requirement to build the roads etc becomes defunct also.

~ If the Town Hall are going to insist that we complete he infrastructure for the houses does that then give us the right to build these houses at a later date (and hopefully make a profit to recover our outlay)?

~ If not, does anyone have the right to do so, as the original contractor has gone into liquidation?

It seems totally iniquitous that anyone should be given the right to build the properties if they are not paying the €500,000 infrastructure costs themselves. And equally farcical that we should be obliged to pay this amount, without any purpose, if the houses on the final phase are never to be built.

Any thoughts on how we might make progress would be much appreciated. That includes please a recommendation for a Spanish lawyer with specialist knowledge in this area.

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gina59
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Re: Habitation Certificates

Postby gina59 » Thu Feb 26, 2015 6:22 pm

try citizensadvise.es.org
My spelling is Wobbly. It's good spelling but it Wobbles, and the letters get in the wrong places.


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