Is there a time limit to issue the LFO and is a back-dated LFO legal?

Hello,

I have been translating my LFO today and discovered some things that looked irregular, and would welcome any advice on if these things are normal and expected or not

1) My purchase contract is dated 17 April 06 and the LFO is dated 16 October 08. I was told by somebody that the LFO must be granted within 30 months of the purchase contract being signed - is this 30 month time limit a legal requirement?

2) My LFO states that the architect's report was issued on 24 October 08, 8 days AFTER the LFO was issued. How can the LFO be issued before the architect has reported on the state of the building? - if point 1 is true, then is it legal to back-date the LFO in this way to cover the developer from legal issues that may arise due to point 1?

3) My LFO also states that sewage (waste water) disposal has not been completed. There is no connection between my development and the general sewage system. It states that until the sewage paths have been connected to the general system waste water will be collected and transported by truck and disposed of in the relevant place by a named company. Should I be worried about this?

Many thanks for any advice I can get on this

Hi again, Lurker,

" My purchase contract is dated 17 April 06 and the LFO is dated 16 October 08. I was told by somebody that the LFO must be granted within 30 months of the purchase contract being signed - is this 30 month time limit a legal requirement?"

The LFO should be in place before completion. As to the deadline to apply for it, it is an administrative matter between the developer and the town hall; in general terms, it is not relevant in order to cancel the contract. 

"2) My LFO states that the architect's report was issued on 24 October 08, 8 days AFTER the LFO was issued. How can the LFO be issued before the architect has reported on the state of the building? - if point 1 is true, then is it legal to back-date the LFO in this way to cover the developer from legal issues that may arise due to point 1?"

Yes, it is weird, the town hall's technician report should be ready before the decision is passed. Are you sure there is no confusion with another thing? The matter is worth investigating.

"3) My LFO also states that sewage (waste water) disposal has not been completed. There is no connection between my development and the general sewage system. It states that until the sewage paths have been connected to the general system waste water will be collected and transported by truck and disposed of in the relevant place by a named company. Should I be worried about this?"

YES. it is difficult without checking the project and the planning permission, but the Developer is obliged to achieve this and it could be a breach of contract. A good question would be to check who's paying this company, you or the developer...if it is you, then you can attack the developer in order for him to assume this charge and do things correctly. 

Hi, thanks for the reply

I am 100% sure about the dates on the LFO and the architect report - this is why I suggested the LFO has been back-dated. It has been back-dated to exactly 1 day before the time limit of 30 months I heard about, hence my question on if there was some legal requirement for it to be within 30 months of the purchase contract date...

I will check this with my lawyer, and also that the waste water disposal has been connected to the general system prior to my completion. I would not be liable to pay for it individually, as I am buying in a large block of apartments

The Work License  is what have an expiration deadline and once this arives, developer needs to renew it and pay new taxes and fees. Completion deadline of the contract you signed is what is in the contract paper.

Of course, the First Occupation License cannot be isued with no previous report of end of works by the architect.

That First Occupation License shoul be illegal but of course a relevant  and specific legal check is needed as fairway has mentioned.

Best regards,

Maria

Thanks for the advice,

I have today spoken to my developer and they have assured me that the waste water has now been connected to the main system in Atarfe and there is nothing toworry about regarding this. I am sure the matter of dates is also nothing to worry about and my lawyer will confirm this for me very soon

Good luck! Keep us updated!

Have a good day! These are wonderful times!

Maria