Licencia de 1º Ocupacion

Information and questions about the Law in Spain and Andalucia.
Stoker
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Licencia de 1º Ocupacion

Postby Stoker » Thu Jan 18, 2024 7:01 pm

I've searched for previous posts but could only find some from 2016 so I think I need more up to date information.

I have a holiday apartment that I want to sell and have a buyer who is interested in buying it to rent out. Their legal representative has asked for a copy of the Licencia de 1º Ocupacion saying that there is a recent change in the law that requires this document to enable the new owner to rent the property out. I have approached the builder but they don't have one and I've asked a few of my neighbours but none of them have any knowledge of such a document in relation to our building. Quite a few of the apartments in the building have changed hands recently and at least one was bought specifically for renting out so I don't understand how they have changed hands without this document. The building dates from around 1991.

I would appreciate it if anyone shed any light on the matter?

El Cid
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Re: Licencia de 1º Ocupacion

Postby El Cid » Thu Jan 18, 2024 7:15 pm

That is correct - it is now a requirement if you register a property for rentals. Many properties over 20 years old lack a licence of first occupation. You should talk to your town hall planners about it to see if it is possible to get one retrospectively.

Sid

Stoker
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Re: Licencia de 1º Ocupacion

Postby Stoker » Thu Jan 18, 2024 9:44 pm

Many Thanks Cid. I have been to our town hall but they gave me a certificate for another building. I'll try again tomorrow.

Stoker
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Re: Licencia de 1º Ocupacion

Postby Stoker » Fri Mar 15, 2024 3:06 pm

Just an update on this issue.

When I went back to the town hall in January looking for the correct Licence they could not find it so I ended up submitting a request. On Thursday when I came back to Spain I went again to the town hall to find out what was happening with my request. I ended up being given a document which I was assured was the required Licence but when I got home and had a better look at it I'm not so sure. It looks to me like an extract from the minutes of a council meeting in February 1990 (see attached).

I raised the matter at our AGM today but the President (a Spanish National) wasn't really of much help. He said that each individual apartment should have it's own Licence of 1st Occupation whereas I was expecting one for the block of 19 apartments as a whole. None of the other owners that I know has one of these licences.

Can anyone confirm what our President is saying i.e that indidual apartments in a block should have their own Licence of 1st Occupation rather than the building as a whole?
Attachments
Certificate 1.jpg

ashtondav
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Re: Licencia de 1º Ocupacion

Postby ashtondav » Sun Mar 17, 2024 6:27 pm

Some older buildings will not have the licence. In this case you have to get a DAFO. At least that’s what I have been told - and what a delightful 2 years of wading through Spanish bureaucracy it has been.

Stoker
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Re: Licencia de 1º Ocupacion

Postby Stoker » Tue Mar 19, 2024 5:37 pm

Many thanks but from what I can see a DAFO applies to rural situations whereas we are in an urban area.

ashtondav
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Re: Licencia de 1º Ocupacion

Postby ashtondav » Thu Mar 21, 2024 2:52 pm

ok sorry. i would contact a gestor.


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