Escritura de Obra Nueva after building an extension

Information and questions about the Law in Spain and Andalucia.
McT
Andalucia.com Amigo
Posts: 231
Joined: Wed Feb 08, 2006 5:13 pm
Location: Rincón de la Victoria

Escritura de Obra Nueva after building an extension

Postby McT » Sun Jul 31, 2022 11:21 pm

I now have the licence of first occupation for an extension that was completed several years ago and I now want to get an Escritura de Obra Nueva in order to sell the house.
I have the licence for the work and the project documents all stamped by the College of Architects. What I do not have is VAT receipts for all the work. I used various subcontractors and did much of the work myself. Will the notary accept the sum stated in the project for the new escritura? What other documents might I need?

I have trawled the forum for info on this but the only posts I have come across relating to Escritura de Obra Nueva are concerned with building work done without a licence or without the licence of first occupation, problems which thankfully I don't have.

McT

User avatar
chrissiehope
Andalucia Guru
Posts: 3618
Joined: Sun May 07, 2006 7:52 pm
Location: Cheshire & near Antequera

Re: Escritura de Obra Nueva after building an extension

Postby chrissiehope » Mon Aug 01, 2022 1:20 pm

When we had ours done, admittedly quite a few years ago now, we went to a notary. We didn't have all the IVA receipts either, but it didn't seem to matter. The value of the house was upgraded (we chose how much, within a 'boundary'), and then paid tax on the increase. The notary then drew up an Escritura de Obras Nueva, which included the plans, and that was pretty much it! I may have missed something out, but I'm sure others wil be along shortly... ;-)
Alexandr for President (Squire for PM !)

Outside of a dog, a book is a man's best friend.
Inside of a dog it's too dark to read (Groucho Marx)

Cádiz
Resident
Posts: 268
Joined: Sat Aug 14, 2021 4:02 pm
Location: Cadiz

Re: Escritura de Obra Nueva after building an extension

Postby Cádiz » Tue Aug 02, 2022 7:57 am

McT wrote: Sun Jul 31, 2022 11:21 pm I now have the licence of first occupation for an extension that was completed several years ago and I now want to get an Escritura de Obra Nueva in order to sell the house.
I have the licence for the work and the project documents all stamped by the College of Architects. What I do not have is VAT receipts for all the work. I used various subcontractors and did much of the work myself. Will the notary accept the sum stated in the project for the new escritura? What other documents might I need?

I have trawled the forum for info on this but the only posts I have come across relating to Escritura de Obra Nueva are concerned with building work done without a licence or without the licence of first occupation, problems which thankfully I don't have.

McT
Hi Mc,

A friend is in a similar situation and does not have occupation licence and we welcome any info.

they got a build licence from town hall and completed project. Now this happened around the time of the crash and the architect who got the license left Spain around the time the project was completed. It was only at a later time they became aware of the occupation licence and it was jiust left. Also at the time there was confusion as tjhey got a refurb licence and i think they should have got a re-build license.

They never got a copy of the granting of the said licence as the architect, they have a copy of the plans which i expect is in the town hall on a planning file.
Have you any advise for this situation.

Many thanks.

McT
Andalucia.com Amigo
Posts: 231
Joined: Wed Feb 08, 2006 5:13 pm
Location: Rincón de la Victoria

Re: Escritura de Obra Nueva after building an extension

Postby McT » Fri Aug 05, 2022 3:26 pm

Hi Cádiz

I'm not sure if there is any difference between a re-build and a reform licence. Did you pay the town hall for the licence? If not, then you almost certainly didn't get a licence. If you did, then you need to find out if the architect signed off the completed project. The only way to know for sure is to go to the Urbanismo department at the ayuntamiento and ask them what the status is.

The order of events for our work was:

1. Architect produces very detailed plans and costing - about 1000 pages in our case, but mostly cut and pasted and 98% of it was redundant information.
2. Architect sends the project to the College of Architects who approve it and put their stamp on a lot of the pages.
3. Project goes to town hall who issue the licence on payment of 7% of the costs detailed in the plan plus a 1.500€ bond against damaging the pavement.
4. Once completed, the architect informs the town hall. At this point the town hall surveyor might inspect the finished project, but it didn't happen in our case.
5. Then you spend 3 years trying to to get the Licence of First Occupation. The town hall ignores every request.
6, Finally get LFO which was apparently issued 18 months previously.
7. Spend another year trying to get 1.500€ bond returned.

So we now have the LFO and 1.500€.

McT

Cádiz
Resident
Posts: 268
Joined: Sat Aug 14, 2021 4:02 pm
Location: Cadiz

Re: Escritura de Obra Nueva after building an extension

Postby Cádiz » Fri Aug 05, 2022 7:04 pm

Cádiz wrote: Tue Aug 02, 2022 7:57 am
McT wrote: Sun Jul 31, 2022 11:21 pm I now have the licence of first occupation for an extension that was completed several years ago and I now want to get an Escritura de Obra Nueva in order to sell the house.
I have the licence for the work and the project documents all stamped by the College of Architects. What I do not have is VAT receipts for all the work. I used various subcontractors and did much of the work myself. Will the notary accept the sum stated in the project for the new escritura? What other documents might I need?

I have trawled the forum for info on this but the only posts I have come across relating to Escritura de Obra Nueva are concerned with building work done without a licence or without the licence of first occupation, problems which thankfully I don't have.

McT
Hi Mc,

A friend is in a similar situation and does not have occupation licence and we welcome any info.

they got a build licence from town hall and completed project. Now this happened around the time of the crash and the architect who got the license left Spain around the time the project was completed. It was only at a later time they became aware of the occupation licence and it was jiust left. Also at the time there was confusion as tjhey got a refurb licence and i think they should have got a re-build license.

They never got a copy of the granting of the said licence as the architect, they have a copy of the plans which i expect is in the town hall on a planning file.
Have you any advise for this situation.

Many thanks.

Hi Mc,
Thanks as there is a ton of information in what you say, this is for a friend who has my head wrecked to such extent i refuse to discuss.
Anyway it's something like this. The persons architect applies to town halll for licence and after at least a year gets said license after a bit of wrangling with architect and town hall.
Around this time the project completed Architect leaves Spain, the builder finishes project and all ok. When utilities are being installed some of the companies (water i think) asks for some document, Town hall approached and asked for document and no-one will give same, then town hall asked for letter stating no need for document.
I think there was a disagreement in the town hall as the project was n ot presented to College of Architects and no-one would sign-off on completion.
This is from a few years ago as each time it comes up i say i am going home if he wants to talk about it again. I would like to help but i do not want to get involved in something complicated that takes time.

Regards...


Who is online

Users browsing this forum: Google Adsense [Bot] and 3 guests