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02 Mar 2007 12:00 AM by Ian and Margaret Star rating. 76 forum posts Send private message

Hi all,

When the Habitation Licence is issued is a concern to me. I know the property we have at present at Pinada golf built by SJ was on builders water and electricty for about 1 year after houses were handed over. We bought it when it was 1 year old and we only went onto Iberdrola supply after we had completed. There are some properies close to ours that owners live in have been on builders water for over 2 years. The plastic pipes still run on the pavement.

 I've read on this forum that people will not complete on properties until they have the Habitation Licence because you cannot sign the contracts for water and electricity until you have this. If this is the case I think we are in for more than a 1 year delay. It all really depends how desperate or keen you are to get into your new house.

If anybody knows more on this subject i'd be keen to hear it.

Ian



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02 Mar 2007 6:53 AM by Darren Ward Star rating in Lytham St Annes & Ju.... 277 forum posts Send private message

Darren Ward´s avatar

Ian

I too have read / heard about this delay mainly through the main Forum on EoS and can only hope (with fingers crossed) the SJG apply to the Ayuntamiento well in advance for the first release. As you say, depends how desperate we all are to move into our properties...but not much point without water and services.

Darren


_______________________

Darren & Michelle R17 - No.54

www.santaana-pm.com



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02 Mar 2007 5:51 PM by auntielinda Star rating in San Miguel de Salina.... 646 forum posts Send private message

I thought that without the licence to habitate you didn't pay the final ammount to the builder. Thats what my solicitor and also my agents have told me. So to my thinking if everybody didn't pay their final ammount on completion until the Habitation Licence is given  I'm sure SJ would soon produce them.

Just my humble opinion

 

Dave (GAL's long suffering)


_______________________

Great Auntie Linda

 



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02 Mar 2007 6:10 PM by rjmderry Star rating. 70 forum posts Send private message

I believe there is a big delay due to the silence from SJG and even my solicitor cannot get a response from them! But will just have to wait and see....

 

Rob



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02 Mar 2007 9:48 PM by Linda Needham Star rating in Jumilla,Spain. 302 forum posts Send private message

Linda Needham´s avatar
Hi Dave Auntie Linda's long suffering, You are right if everybody got together and said they will not complete without it SJ would have to really push the Jumilla Ayuntamiento to release Habition Licences.  Jumilla Ayuntamiento will not release them until they are absolutely sure the builds are as the plans that were submitted complete with roads etc.  This includes the square meterage of the property et al.  So SJ would have to get it right and finish what they started properly.
 Heres the rub. SJ will offer Water, Electricity, gas for free to get people to pay the final amount and a lot of people will go for it.  No rates either because the Ayuntamiento does not recognise your property as being legal. and that is the optimum word legal.  You cannot get an empadronamiento (padron for short) without the habitation licence.  Therefore you have not got a legal address.  I would have thought that would affect those wishing to start a business and obtain the necessary licences but I dont now for sure. What I do know is that you cannot buy a car or obtain residencia not to mention utilities.  You are asked for a padron here everytime you want to get something even an ITV for your car, no ITV no insurance and so on and worse once you pay your money in full you have no comeback.  If anyone wants to srat a list of people will not pay until the HLicence is in place my name is first on the list.

On a brighter note.  I will take some more photos tomorrow and hopefully post tomorrow night.  Being invading by hoards of family coming to visit on Sunday so have to load them before they arrive.  Weather is amazing for this time of year.  In the early 20's and not that cold at night either. Clear blue skies and 25 forecast for tomorrow and then dropping again from Tuesday on.  Had breakfast on the patio today.

_______________________

Linda Needham
La Alberquilla
Jumilla, Murcia


R4 308 For Rental



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03 Mar 2007 8:32 AM by kevin l Star rating. 133 forum posts Send private message

Am I right in thinking then linda for us people who use them as a holiday home and dont need the Pardon and myself being a cheap skate Welshman  it would be better for us to complete without the habitation licsense and get cheap water etc

 

Kevin



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03 Mar 2007 8:54 AM by auntielinda Star rating in San Miguel de Salina.... 646 forum posts Send private message

Kevin that may be ok for you but my name goes second on the list to Linda's

Everyone I am quite happy to start a list just pm me and I will add you to it them when the time comes we all rear our ugly heads at SJ who to be fair haven't helped any of us as yet

GAL



This message was last edited by auntielinda on 3/3/2007.

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Great Auntie Linda

 



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03 Mar 2007 9:17 AM by kevin l Star rating. 133 forum posts Send private message

I know Linda I am being purely selfish when I say this

Mind you my mate was on bulders electric at La Zenthia near Toraveccha for a year he did all right I stayed there in the summer

 

Kevin



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03 Mar 2007 12:42 PM by Ian and Margaret Star rating. 76 forum posts Send private message

Don't take it for gospel that the utilities will be free if you complete without the licence, i have read of builders lumping a bill on people for water and electricty usage.

Ian



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03 Mar 2007 4:39 PM by auntielinda Star rating in San Miguel de Salina.... 646 forum posts Send private message

Ian

You are right on that one

 you only have to look at the main message board on this site

to read about people who have been stung

GAL


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Great Auntie Linda

 



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04 Mar 2007 7:50 PM by Darren Ward Star rating in Lytham St Annes & Ju.... 277 forum posts Send private message

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As per Linda's comments, this will lead you to the General Forum discussion topic related to Habitation Licencing.....you'll read all the horror stories

http://www.eyeonspain.com/Secure/ForumPosts.aspx?thread=19&dev=FB4&name=Licence+of+first+occupation

BR

Darren


_______________________

Darren & Michelle R17 - No.54

www.santaana-pm.com



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05 Mar 2007 10:25 AM by jannine Star rating in England/Leeds. 48 forum posts Send private message

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Hi Guys

Our name is third on the list, i know i will not be giving any one my hard earned cash without the proper papers, i asked my husband what happens when we move in and there are floods and leaks, maybe damage and he said, that it is our problem because they have issued the habitation license so we would have to deal with it.  I am not moving into anywhere until i am satisfied and the habitation license is through for us, we are talking lots of money, and it's not there just to chuck away, so come on guys lets form a union of some kind, We have rights!.

p.s when you are next taking photos could i please have one of our plot number im a bit confused with the photographs already on, as to who's is who's.

 

many thanks

jannine


_______________________
R4/293/263 No More BOO HOO


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05 Mar 2007 11:17 AM by cargic Star rating in Horsham Sussex, Buen.... 23 forum posts Send private message

cargic´s avatar

  

Hi everyone apparently its no justification alone not to sign without a habitation certificate, you can per long the agony by using a snagging company, but I fear in the end you will have to sign or loose your 30%! Or some of it.

 

Good idea to have a united front on this issue, but please remember SJ are used to this situation see their other sites (Pinet, Albatera, Playa Golf) so be prepared for a bumpy ride. I have been to the Torrevieja office and registered to the effect I won’t be signing without a habitation certificate, and have seen my Spanish Solicitor in order to set things in motion, its going to be a long hard fight.

 

Clive  


_______________________
 Regards Clive


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05 Mar 2007 5:33 PM by auntielinda Star rating in San Miguel de Salina.... 646 forum posts Send private message

Jannine

do you want to be added to the list I am keeping  if so

pm me the names on your contract as we will need this when the time comes

 

As for the photos I don't think people are taking them in any particular order but you are on row 1 &2 so should be able to get some idea from the ones taken from the top of the pilotos

Hope this helps you

GAL

 

Cargic 

 where are you on the site ?


_______________________

Great Auntie Linda

 



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06 Mar 2007 7:00 AM by taxiparrots Star rating in Deepest Suffolk. 149 forum posts Send private message

CARGIC,

You are completely wrong.I suggest you read the article on LICENCE OF FIRST OCCUPATION AND COMPLETION from EoS just to the right of this page written by spanish lawyer Maria de Castro.

The seller would be in breach of contract if signing the deeds without the licence of first occupation.

Having to sign without or loose 30% is pure cr-p



This message was last edited by taxiparrots on 3/6/2007.


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06 Mar 2007 1:13 PM by auntielinda Star rating in San Miguel de Salina.... 646 forum posts Send private message

Richard

I am sure I won't be 30% down due to the bank guarantee

it is after all SJ who will be in breach of contract not us

GAL


_______________________

Great Auntie Linda

 



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06 Mar 2007 7:02 PM by taxiparrots Star rating in Deepest Suffolk. 149 forum posts Send private message

Auntie Linda you are quite right.

Richard



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13 Mar 2007 11:49 PM by syh Star rating. 4 forum posts Send private message

Hi there, I have consulted my lawyer, regarding the Habitation Licence, the following is her answer:  

                                      

                                       By law in  Spainnew  properties    
                                       should be issued with a HC by      
                                       developers.                        
                                                                          
                                       Once the property is  complete, the
                                       builder provides the Town Hall with
                                       the necessary documents  (final    
                                       certificate from the architect,    
                                       electric bulletin, water bulletin, 
                                       among others) to issue the HC. Is  
                                       the Town Hall who grants that      
                                       certificate. Some times the Town   
                                       Hall takes a little longer to issue
                                       that  certificate due to its       
                                       internal organization system (they 
                                       might have just  one person to deal
                                       with all those documents..)        
                                                                          
                                       This doesn't mean the  builder     
                                       doesn't fulfil its obligations.    
                                       That certificate is necessary to   
                                       contract the water and the electric
                                       supplies, so until it's granted,   
                                       the  builder will provide the      
                                       property with those supplies. The  
                                       use of it could  generate an       
                                       invoice.                           
                                                                          
                                       If the completion  term comes and  
                                       the HC is not granted, you will    
                                       have the right to refuse to  sign  
                                       the deeds until they can  provide 
                                       you with it.                        
                                                                    

Sue



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14 Mar 2007 6:57 AM by taxiparrots Star rating in Deepest Suffolk. 149 forum posts Send private message

Again  Sue you are exactly right.

Richard



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