CÉDULA DE HABITABILIDAD

Sorry to confuse Maria, but it's properties purchased prior to June 2013 which require greater clarification, so  bearing in mind the detail identified in the article I copied into my last posting, and with specific reference to  properties purchased prior to June 2013 that are now being resold, could you please answer the following questions:

1) Is this correct Maria, "It seems now that the majority of the Town Halls and Regional Governments (including complicate areas like Catral, Elche, Denia, Javea, etc) have created a base of what  should be required to obtain the CH, " or are there some Town Halls that are still not willing to provide CH's for these properties?

2) And is the conclusion to this (for properties purchased prior to June 2013) that if no CH can be obtained from the Town Hall, that the likelihood is that the development or property has not achieved the correct planning authorisation (or has other outstanding contentious legal issues) and is therefore deemed to be illegal in some way?

Answers below in bold green ( same text as your email): 

Sorry to confuse Maria, but it's properties purchased prior to June 2013 which require greater clarification, so  bearing in mind the detail identified in the article I copied into my last posting, and with specific reference to  properties purchased prior to June 2013 that are now being resold, could you please answer the following questions:

1) Is this correct Maria, "It seems now that the majority of the Town Halls and Regional Governments (including complicated areas like Catral, Elche, Denia, Javea, etc) have created a base of what  should be required to obtain the CH, " or are there some Town Halls that are still not willing to provide CH's for these properties? Developments finished before June 2013 could be registered and the first transmission was allowed without FOL. This means that Notaries could authorise End of New Works Deeds and First Transmission Deeds without being obliged to verify the existence of the Habitation Licenses. Of course, it does not mean that they were not necessary for the buyer to verify the legality of building work. A lawyer was obviously much necessary in this period where Notaries were not obliged to filter on Planning Law. From June 2013, I guess many local councils are through a refining process for all properties to have either first or second occupation license as a way to promote safety and trust for legal transactions.

2) And is the conclusion to this (for properties purchased prior to June 2013) that if no CH can be obtained from the Town Hall, that the likelihood is that the development or property has not achieved the correct planning authorisation (or has other outstanding contentious legal issues) and is therefore deemed to be illegal in some way? Correct conclusion. Purchase not advisable.

Thank you so much for the clarification Maria.

It is a plesaure, as it has been  8364 times since 2008. We are celebrating 10 years of work for expats this year. 

 mariadecastro  in Algeciras (Cadiz). 8364 posts

and starting new ventures.....

Hi,

This is where are so far.......

No Cédula

The Local Lawyers Say this is okay, the property is legal and the Cédula cannot be issued until the street is fully Urbanised by the local town hall
The Agent Thinks it is fine
The Housefinder thinks this is fine and they don't have one themselves on their house
The Mortgage adviser said "well this is Spain"
The Mortager Broker we approached before the "well this is Spain" was concerned when he found out there was no LFO. But then said he could approach the Banks when he got the Nota Simple
The Banks Valuing Surveyor saw no issue with it
The Bank has offered the Mortgage

And yet almost everthing I read in the interweb states that the lack of Cedular is a big nono.

At no point until the first mortage adviser I spoke with did anyone ever mention the words "Cedular, LFO, Habitation Certificate"

Very confsuing 

Why there is no FOL? Have your lawyer checked at the Planning department?

Thank you for the reply.

I sent the lawyer a detailed email as the draft contract they sent contained errors and ommissions.

When I spoke to Him on the phone, he tells me the Town Hall cannot issue a Cédula until the urbanisation is complete. I am assured the house is legaly built with land and Nota Simple in place.

The Urbanisation will (may) be completed at some point in the future.

Until such time that the Urbanisation is complete, no Cédula can be issued. Becuase the infrastructure is incomplete.

The way I understand it is that the second or current certificate of habitation cannot be issued as no FLO exists.

Thanks once again.

TM

I am not entirley clear on all the details of how a new urbanization is adopted, but in our case the houses were built in phases. As each phase was complete a First Licence of Occupation (FLO) was granted. There was a retention made by the council  against completiion of road works etc and landscaping at which the whole development was adopted by the council, and normal maintenance (road sweeping etc) was introduced and paid out of the council tax. You may want to aks questions about completion and adoption of the infrastructure etc, as well as confirming official electric and water supplies (as opposed to builders supplies) before signing on the dotted line. If the builder fails to complete the infrastructure, how much will that cost? Just a thought or perhaps Maria can explain in more detail.

Saludos

Hi

Does anyone know what "LOM" is?.

Am I correct in assuming it is a building license? licencia de obra mayor?

La parte compradora conoce que la vivienda carece de LOM y cédula is mentioned in the contract

This message was last edited by Xabia on 07/02/2016.

First Occupation licenses refers to units, irrespective of urbanisation status

LOM might be Licencia de Obra, I would need to see the deeds. Cédula refers to First Occupation License

Be careful!

Would you look at the needs please?

Xabia

Don't you mean deeds Xabia?

Yes, thank you ads, I did indeed mean deeds.

Xabia

Yes, of course. Send deeds to us!

Maria

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