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02 Aug 2007 12:00 AM by eric Star rating in redcar uk/sierra gol.... 263 forum posts Send private message

eric´s avatar

this is a  letter  i just received from my  solicitor

Dear Mr Findlay,
 
Mrs Perez has tried to contact you earlier today, without success.

As soon as your agents were informed of the possibility of completions for Manzana 13, 14 and 15 to take place, we contacted grupo Masa to double check that all the legal paperwork would be in place as per their communications, from 30th August onwards. Knowing how long you have been waiting for this project to be finalised, we have been working very hard leaving everything ready and give you the possibility  to complete from the very first day available, even meaning us interrupting our Summer holidays.

We have been liaising with Masa´s legal department and the corresponding Notary´s Office making all the necessary appointments, sending them all the paperwork to organise your deeds and contacting your banks to have bankers´ drafts ready to be collected on the agreed completion date.

Having said all this, and after all the work and efforts carried out by all of us, we have just found out that the habitation certificates will definately not be issued when they thought it would.

What implications do we have? Until the habitation certificate is issued, completion shoudn´t take place. The name habitation certificate itself means that the Townhall´s civil servants will issue this document  after inspecting the properties and certify their adequate state to be lived in. This certificate will be needed by the water and electric companies to connect the supplies. The Townhall inspectors seem to have delayed their visit to the site, and therefore certificates will not be issued when expected and there will definatelly be a delay on these supplies to be available.

Our next question now is : when will it be issued then?

Since this document has to be issued by a Public institution ( Townhall) it is difficult to give any dates or deadlines for this to happen. All we can tell you is what we are being told by MASA, who are telling us that it will all happen during September ( we cannot confirm that with certitude ).

Should you not be in a real hurry to complete, even though you have been waiting such a long time, we would suggest you to wait until  the habitation certificate has been granted and we have confirmation from your developers that your water and electricity are connected. In order to have this done, we wish to remind you that, the 360 Euros for connection expenses will need to be transfered to ADASA as soon as possible. Do not forget to sign the authorisation, which I have attached to this email (wit a translation in English, but please be aware that the Spanish one needs to be signed) to settle direct debits for these supplies and send this paperwork to our offices with a copy of your transfer receipt slip. We will forward this to Masa. 

We need to warn you and emphasise on the fact that , there will be no water and electric connected then; We do not think that there will be any water or electricity supplies, and we can not confirm with certitude that they will be in place during September.

In order to have water and electricity connected as soon as possible, Masa is requiring an urgent transfer of 360 Euros to the following bank account


_______________________


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02 Aug 2007 5:48 PM by llamacalmer Star rating in Surrey & La Torre. 318 forum posts Send private message

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From your letter, it is clear that water and electricity cannot be connected before the Habitation Licence is granted.  It seems like MASA are telling some of our agents, mine included, that they are connected.

_______________________



 R
osemary

 Owner of  8 stray Spanish mutts

 



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02 Aug 2007 6:16 PM by ******** Star rating in UK & Murcia. 574 forum posts Send private message

It sure does look that way Rosemary - so i'm sorry if my previous post was misleading.

Thanks Eric - i'll let my agent know - think the solicitor is away for the whole of August!



_______________________

Jane



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02 Aug 2007 6:42 PM by eric Star rating in redcar uk/sierra gol.... 263 forum posts Send private message

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I have just spoken to my solicitor at 5-30 and she told me that the inspector have been inspecting  all the units on 14 and they are happy with the units ,the only problem that they had was that the roads and pavements were not finnished,but masa are busy working on them,my solicitor also told me that they have got to get the habitation licence first before they can get the water  and elec connected ( a bit back to front if you ask me ) so it looks like units on 14 are going to be the first with the habitation licence.

eric

 



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02 Aug 2007 7:05 PM by gardens Star rating in Blackpool & Sierra G.... 18 forum posts Send private message

Elaine & Steve - Open 15-46

Hi Eric,

We have the same Solicitor as you and she gave us the same information on the phone this morning.  We booked several weeks ago to go over on 31st August and because we won't be moving over permanently for a few months Adriana said we can still complete on the 6th September.  It's still a few weeks away so maybe Masa will have most of the unfinished work done by then (here's hoping anyway).

 

 

 




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02 Aug 2007 7:23 PM by steveandrosa Star rating. 52 forum posts Send private message

Steve & Rosa

 14.43

 

we are in the same boat , but when we finally heard the "good news" of handover on 30th August we arranged and paid for our flights out on 6th September.

just have to try and alter bookings bit nearer the time if there is more certainty, after signing in May 2004 nearly there!!!!!!!!




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03 Aug 2007 7:07 AM by inspectahomespain Star rating in Orihuela Costa, Spai.... 2417 forum posts Send private message

Vip Supporter

There seems to be some confusion here in the way that the Spanish system works relating to The Certficate of Habitation and utilitiesand this is a very gfood response form the lawyer

Legally on any property that completes, if there is no Certificate of Habitation in place, the developer must provide builders supply utilities, free of any charges for that period until it is issued

The fact that water and electricity is not connected now is not relevant to the issue of The Certificate because the Town Hall is checking that the required infrastructure and Certificates for the safe occupation of the property, the Bolletins for electric & water are in place

If the external areas, pavements, street lighting etc are not ready then chances are that The Certificate will not be issued

The local providers cannot connect utilities without the Certficate and builders supply is where the builder has the meter and pays centrally or sometimes uses gerenators

Builders supply can be a problem as for example if they are using generators the power supply can spike causing damage to TV's and there is no service level so if the power or water goes off you have to rely on contacting the builderand normally the more customers that are connected the worse the problem gets

Locally there have been some exam`ples where the builder has disappeared leaving owners without services

As part of the inspection process we normally measure the current to check for this running a 30 minute test

Some banks are now refusing to give mortgages without the Certificate being available

For more information on the whole process see our website www.inspectahomespain.com



_______________________
Roy Howitt Independent Property Consultant www.sonrisaproperties.com www.snaggingspain.com WE CAN FIND YOUR DREAM HOME 627 955 748


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03 Aug 2007 5:45 PM by JoanSpain Star rating in Res. Oasis - Los Nar.... 7 forum posts Send private message

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Eric, it seems that we have the same lawyer... I hope you have authorization from her to post this email. Did you read the disclaimer before posting it?? Good luck man!! I think her personal assistant usually reads this forums... be sure that you have authorization from them to post it in a public forum... or you could be in trouble!! (Which disclaimer?! This one - It is very clear -: The information in this e-mail, and in any attachments, is confidential and protected by a professional privilege, and intended solely for the attention and use of the named addressee(s). You are hereby notified that any dissemination, copy or distribution of this information is prohibited without our prior written consent. If you have received this communication in error, please notify the sender by reply e-mail and delete it.)

_______________________
Bill & Joan


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03 Aug 2007 7:31 PM by Roger Davis Star rating in Balsicas , COSTA C.... 93 forum posts Send private message

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Hi Eric,

We had same info as you - hope you don't get into trouble !!

Would hate for you to miss out on your own party  if you end up in Cartegena nick !

It appears from your avatar that you are Scottish , same as my missus , Fran.

Are you by any chance related to the good Doctor Findlay of Casebook fame ???

If so , and if you have his skills , we will all know where to go for our hangover cures !!!!

Cheers , and hope to see you soon

Roger and Fran (Res) Open 15.54




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