Habitation license for Terrazas de Torreblanca

Does anyone know when will the habitation licenses be granted for Terrazas de Torreblanca ?

Thanks,

I asked my solicitor the same question about two weeks ago but have not got a reply yet.

Our apartment is in block1 and has been built for year. I'm kind of suprised not to have been pushed to complete anyway.

I will chase them up on Monday. I'll post on here if when I get something back.

My solicitor wasn't greatly informative but he has spoken to Fuengirola Townhall who say that the First Occupation License isn't ready yet.

Ongoing my solicitor will contact the Townhall on a weekly basis.

My solicitor has told me that he contacted the townhall regarding the habitation licence. He was told this will not be getting issued until the overbuild is rectified. This is a total nightmare.

 Regards

    Keith & Jenny

I have recently been contacted by Aifos who are telling people to come and complete and collect the keys.

I haven't actaully spoken to to Aifos myself yet because every time I phone up I get stuck in a queue, and I haven't got time to hang on in a queue.

Since the habitation license hasn't been issued my solicitor, and the solicitors of others I know, have advised not to complete.

We had already decided not to sign but called our lawyer about this today (he was the one recommended by Casablanca) he has advised that we sign as this is better for us in the long run financially because of the possibility of Aifos going bust?! and also if Aifos get as many as possible to sign then this will push the town hall regarding the licence? we have always had our suspicions about him being too involved with Aifos & Casablanca. Also Banco Pastor said similar and we are now being pushed by them to sign. Needless to say we are not taking this advice.

We have since spoken to another lawyer who advised that by no means should we sign and he is investigating this further for us with the town hall, I'll keep you updated. I have a feeling this is going to drag on and on......

We (Me and Salh) have been to see our new lawyer this am. His advice is not to sign.

There are 2 problems, Aifos need to give out official notification when signing the escritura is due, the way they do this is usually is by post with letter that you have to sign for.  Then you are commited to sign the escritura within 15 days ( in our contract, maybe yours is different). We bought through Casablanca real estate. 

But it is also illegal to sign the escritura in the notary without there being a habiation license, but apparentley this still happens. The Finalization of construction or however they want to word it license, just means that the architect who aifos used to design the building has signed it off  to say all is ok. It does not have anything to do with the habiation license. The more people that do not sign puts pressure on Aifos to correct the problem. If people do sign then Aifos have no incentive to correct the extra illegal apartments that they have built without permission.  Without the habiation license you will probably get electric and water supplied by Aifos and things like lifts and air conditioning can't be used etc, but as soon as Aifos have all there money in they can just switch it off and we are all left with an apratments we can't sell, or rent out or live in due to no electric and water.  Aifos will have no interest in getting the license on  our behalf. If however we have all not signed this will put the pressure on them to get it sorted out.

Our new lawyer has suggested getting as many peoples names and addresses and contract /apartment numbers together so that we can go maybe through one lawyer to represent all of us, to say, we are all not signing, this is the best way to put pressure on them and we need to do it fast.

Later I will think of the best way of doing this and repost here, unless someone else has a suggestion, maybe our own private forum, for now please send me your details via Personal message if you are in agreement & lets try and get something going, like a self help group for our development.

Jay.

HI

First of all sorry to "gate crash" your  development thread but I thought some comments from a fellow buyer dealing with Aifos problems from a development close to yours at Cortijo de Torreblanca.

We are some months away from completion ( not sure how many as we have been given many dates for completion over the past four years) and not unlike you experiencing many problems from Aifos.

We have agreed also that dealing through one lawyer will help collectively, we have contacted Christine at Casa Blanca to see if she will release details of others buyers in order to form one unit, we have yet to hear anything.

A note from a more experienced buyer in our group has advised on no account move forward or sign off until the Habitation License has been issued, any lawyer worth their salt will know this

Thanks and regards

Andy

My understanding of where we are:

Fuengirola council will not issue the First Occupancy License because Aifos have overbuilt on the development.

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This development will not obtain in a short time the habitation license because it is out of the law the development.

I have a certficate of the Town Hall produced one month ago explaining the reasons and this situation could take years in sorted out.

Best regards

Jose Ramon Gutierrez
Abogado/ Lawyer

Aifos contends that they received the license by administrative silence and that, according to a modification of the PGOU the developer was entitled to build an extra floor at ´semi-basement´ level. This building is therefore not ´per se´ illegal and in fact has been finished and therefore people who have purchased here and are being urged to complete will have to chose between one of 2 risks: to complete on a building which is not 100% legal or go to Court and a)risk losing the case or if they win b), obtaining their deposits back

Certainly not an easy one but bearing in mind that Aifos never gives bank guarantees and their weakening financial position all options have to be kept open. 

If as you say, Jose Ramon, it will take ´several years´ (5,10, 15??) to sort itself out would you not recommend those who are not on the ´irregular´ floor to complete? Lawyers have to put all options on the table and not simply tilt the table towards litigation, where we make the good money.

One of the lawyers on the forum could correct me if I’m wrong but I don’t think an embargo should stop a buyer from completing, if anything it might be the opposite.

Say there is a property for sale for 150k but there is an embargo on the property of 50k. I think it means that AIFOS can’t get their hands on money until embargo is settled. I think what happens is that when the sale closes, the buyer gets their property, all the money goes to the court, the embargo gets paid and the balance goes to AIFOS.

The thing is if there is a charge or embargo of 145k, then there is not much motivation for AIFOS to complete the deal. Instead they might try the AIFOS trick of offering you a different property as they have loads they can’t shift (for more money of course).

The proposed buyer should talk to their independent Spanish lawyer to determine the best course of action. If they have already paid substantial down payments then they should try and force completion of the deal. Unlike others, at least they are in the position that their property is actually built.

What may be of more concern for the buyer is if the embargo holder goes to court for a forced sale (either taking the property themselves or putting it up for auction). The buyer could then be left with nothing and would then have to go to court themselves if AIFOS don’t deliver an alternative property. As I said they should talk to their lawyer.

AIFOS establish in the private purchase contracts that they have to sale the property free of charges and encumbrances so if there is an embargo on the property they have to cancel it before the completion but the problem is that AIFOS has finantial problems so they will not cancel the embargo so easily.

The buyer could complete the property with an embargo in place but if aifos do not pay the debt the creditor could force the public auction of the property if aifos or the new buyer do not pay the debt.

I have been getting mixed messages from people who are living on the development and various lawyers. The last information I have is the water meters will be getting installed shortly. Alos a group of spanish owners are aparently forming a community for the development. They have identified a president and administrairer. None of the brits on the development have had any input into this. Not sure on the legalities of it all. I was also informed that the townhall were going to award the habitation licence in early newyear. Does anyone have any up-dates

 Thanks

I have been getting mixed messages from people who are living on the development and various lawyers. The last information I have is the water meters will be getting installed shortly. Alos a group of spanish owners are aparently forming a community for the development. They have identified a president and administrairer. None of the brits on the development have had any input into this. Not sure on the legalities of it all. I was also informed that the townhall were going to award the habitation licence in early newyear. Does anyone have any up-dates.

Thanks

 Hi,

Is this forum about Terrazas completely dead? A lot of people have moved in and we were wondering if there is some spot where we can exchange views?

B. rgds,

Max