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Just had a thought......has anyone had official notice to complete? if we don't get this in this week (I would have thought that they would have to give at least 1 month notice to complete) I would say the promoter is being a little optimistic about moving in by mid April.
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These are some replies to questions that I got back from my solicitor today.
Q.1.) Please can you confirm that the developer pays the Plus Valia in full.
On all contracts of Don Juan the plus valia is being paid by the buyers. This was a "sine qua non" condition. The amount will be €600- €700.
Q.2) Please can you contact us when the Habitation License has been issued.
The first Occupancy licence has already been issued and we are waiting to optain it in April-May.
Q.3.) At what stage are we able to do a snag list before signing to take over the apartment from the developer. How long do we give the developer to correct the faults. What happens if there is a dispute over faults still not repaired properly.
The promoter will inform us about the dates when you will be able to visit your apartment. It should be of course before completion, but we still do not have any information about it. It should in any case take place once the licence has been granted. Normally the faults should be corrected within one month. Should they not fulfill this period, you will have to request them to do so, and if not in last instance, correct them yourself and ask them to pay the corresponding bill. I think and hope it does not come to this.
Q.4) When do you think the first meeting to setup the community will be. How will we know the arranged date.
Normally these meetings take place after all of the owners have signed their deeds. They will let us know and I will inform you.
Q.5) When can we expect to receive our first rates bill, and can you give us an estimate of what to expect, just so can setup some sort of budget for all of our bills.
Normally atleast 18 months after completion. I estimate the yearly cost to be between €450-€550, but I really do not know for sure.
Q.6) Is the wealth Tax and rates based on the banks valuation, or the original purchase price we paid.
The wealth tax is based on the highest value of the following:
"valor catastral " ( the one given by the town hall )
Value fixed by the tax authorities, in case they do so
Value on your deed
I am not happy about paying this Plus valia. I am sure I read an article on the general forum about the developer has to pay this by law, but I may be wrong. Also does anyone know what "sine qua non" means.
Any feedback appreciated
Westport
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As far as I can make out, "sine qua non" means an "indispensible condition". I do know when we queried this with our lawyer he said that the Plus Valia tax would have to be paid by us not the developer!
Notwithstanding what your solicitor says, I do not believe that the First Habitation Licence has yet been issued - perhaps he means that it has been applied for now that the road is done and that it is awaited.
As far as snagging is concerned all the informaton I have received is that it is done after completion within 15 days so it will be interesting to see if the developer allows us in beforehand for this purpose.....
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Has anyone else been experiencing difficulties in sending private messages ?
Just to let you know Pearce ( aka Westport ) we have been trying to contact you and have just learnt from 'Max' that our messages are not getting through - We are there April 8th-20th and would love to meet up with you
Regards
Maureen & Chris Bradley
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I tested it and indeed I don't get PM's. Can't send them either. |t says 'sent succesfully' but nothing happens. I have contacted technical support. I'll let you know what the problem is.
Meanwhile you can best mail me directly on m.poldermans@gmail.com
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Spoke to Perla today while inspecting my apartment. A few interesting tidbits from that conversation:
- we'll start as a community for Don Juan I but after DJII completes we will share the communal areas with them. Same after completion of DJIII,. The good news is that the costs will be low, but the bad news is that the swimming pools will be crowded.
- there will be plants and trees planted by the developer.
- the private garden will have to be done by the owner. She suggested that we would get soil ready for seeding or planting, but I'm not sure if she really meant that.
- electricity and water can be done very quickly by the owner after formal completion. Within days. Telephone can take a very, very long time (easily half a year or more).
- she thinks that there will be a considerable group of Spanish owners. Couldn't get a figure from her. Based on the conversation I would guess something like thirty to fourty percent.
- we won't get a list of owners from them
- they will contract an administrator ('a very good one') for the first year. They will make sure we all get an invitation for the first meeting. Meanwhile they will take care of contracting and paying gardeners etc.
Bear in mind this is all Perla speaking. She's very nice but inclined to say what you want to hear rather than hard facts.
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Hi Max,
Not too happy about Perla's comments about the developer taking care of contracting gardeners etc. Looks like they are obviously making a few quid out of some of their friends, and then to say they will contracting the administrator as well. Is there anything left for us to decide on ourselves.
Has anyone found out anymore regarding the "Plus Valia" tax that has been drawn into our contracts. Having been in contact with an independant solicitor, I have been told that it is the Developer that must pay this tax under Spanish law, and not the purchaser. Even if it is written into the contract, it is null and void. Apparently its illegal for them to do this. My solicitor has told me it will cost €600-€700. I have not replied to her reply yet, as I want to confront her face to face about. I would be interested to know if anyone else has challenged this. I have been told that some solicitors are afraid to dispute this with the developer, as they could lose a lot of future work.
Westport
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Hi Westport,
From the information that I have there is nothing illegal about the buyer having to pay for the plus valia tax as this is one of the terms of the contract agreed between the two parties. My new independent lawyer has confirmed the same. However I do think that my original lawyer should have checked this and informed me at the time of signing which she failed to do. If she had informed me at that time then there is a possibility that this point could have been argued with the developer and removed from the contract or there again they could have just refused and said take it or leave it. I will never know as this opportunity was never given to me by my original incompetent lawyer. But now it is too late to do much about it. I suspect that most of us are in the same boat on this point i.e. lawyers failing to inform us at time of signing and or questioning this point with the developers prior to signing. Incidentally my lawyer has suggested that when time comes to sell you can also pass on this cost to the future buyer (that is, if they agree to it or have an incompetent lawyer!).
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Hi Westport, I got my info from the book 'You & the Law in Spain" (latest edition) by David Searl and also from scouring the internet on this topic. It will be interesting if this clause is actually an illegal clause. Keep us informed when you get more information.
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Hi, that will depend on which apartment type that you have. I have a 2bed on that planta baja level on phase 1 and theres no room at all for a dishwasher. The only way that I could do it would be to relocate my washing machine to the shower room.
Regards, Andy
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Hi Andy,
There are slimline dishwashers that you can get and you would only have to take out one door of a press to fit it in, I have seen one in appartment in spain and you would be suprised they hold a lot. Yes we are in block 5 phase 1, on the garden level, I know that you are good with hosehold jobs so hopefully you can answer this question. It was more the plumbing and waste that I was conserened about.
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Hi, There shouldn’t be any problem to plumb in a dishwasher, they don’t use a lot of water so you should be able to plumb the waste into the sink/washing machine waste pipe. Also they generally use a cold water input which can be taken from the tap/washing machine supply.
I have put a picture of the kitchen in shared photos can you tell me where you intend to put a slimline dishwasher.
Regards, Andy
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Hi OtterAndy
Is the picture of the kitchen that you have posted your kitchen, or the show flat. If its your own, were you happy with the overall finish of the apartment. Was it clean and and did you find many snagging problems.
Westport
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I would have thought that the steam created in the bathroom would not be good for the washing machine i.e. rust and other reliability problems. Also Max I would have thought that the 3 bed apartments have somewhat larger kitchens where it may be possible to squeez in a dishwasher.
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These funny small cultural differences! In the Netherlands all washing machine are in the bathroom. So I can assure you that they can withstand the steamy climate.
You're right that we probably have enough room to have them both in the kitchen, but then again we have so much space in our bathrooms that we'll probably move it anyway.
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