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Just back from visiting our apartment on May 7th. (Block 1, Phase I). We were rushed through the process but did manage to measure the lounge and bedroom areas which appeared to check out okay with the plan. Storage room (No. 4) about half the size expected but garage space no. 3 will be okay I think. Perla stated that the kitchen appliances were coming "next week". When asked about the main access road she said it was shared responsibility with other developers but they are "working on it" and it will be finished before completion, however she sounded unconvincing. I noticed only 2 pairs of workers on site, one working on the refuse containers and the other on an electricity pylon near the back of Block 1 Phase 1. However there was nobody whatever working on Phase III - possibly a shortage of cash...? First occupation licence is still awaited from the Town Hall whose "focus is now on the election for Mayor" - which takes place around May 24th. I would be surprised if the licence is issued without the road having been properly finished and when I passed by on the train about 5 days later there had been no further progress on it. However according to email from my solicitor today they are still expecting the licence to issue at the end of this month. Some fencing still has to be erected along the perimeter path running down from Block 9 to Block 6 as this area is completely open to a deep ravine and is dangerous in it's present state while I also noticed the absence of handrails at the pool sides.
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I have just spoken to my Lawyer's representative today, and they have confirmed the dispute between the railway company and the developer over the maintenance of the access road alongside the rail line still remains an issue with regards to granting the license. They are apparently trying to negotiate the percentage of responsibilty between them.
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We were also out in Spain 8,9,10th may. We checked our apartment but it was not for snagging as Perla originally told our Solicitor. Perla said the inspection was only to agree that this was the correct apartment. Our solicitor sent a translation of the document Perla will ask you to sign. We did a very very brief snagging for our own benefit and it was mostly fine. A bedroom wardrobe door was badly fitted. There was only one or two service people working on site but no sign of anyone on Phase 3 we passed each day on the train apart from our visit. They also have used different qualities of turf on the same patch of ground one part is lovely grass and the other part is full of weeds. You can see this on some of the photos that were added as the 7th May. They are putting rubbish bins In front of Phase 2 block 2 which is a shame they would have been better placed at the entrance. I only hope that people dont use the area to discard boxes and furniture like they do in other areas in Spain where there are rubbish bins, as it can be quite disgusting mess. Perla told us it would be the end of May for completion which of course is 'rubbish'. Has anyone seen any more onsite activity since the 10th May?
I have included a copy of the form Perla will ask you to sign which is in Spanish. (this is an English translation of that form)
DEVELOPMENT RESIDENCIAL DON JUAN
Mr. and Mrs. , holder of the D.N.I./N.I.F. or passport as Purchasers of the property located in Block , Floor, , letter , parking space number , Storage room floor, number of Residencial Don Juan located in UR1 Majadal-Carvajal in the Town of Fuengirola (Málaga) which has been developed by the company Arrohabitage, S.A., the Purchasers hereby state that they have visited the mentioned properties object of this purchase and they do state that they agree and recognize as correct the measures, qualities and finishing of the aforementioned property.
IN witness whereof the Purchasers hereby sign the present document on this day of of 2007 in Fuengirola (Málaga).
Nevertheless, should any hidden imperfection may arise in the mentioned property, parking space and storage room (if applicable) the Developer Arrohabitage, S.A. will be liable for repairing it.
Sign: Sign:
In principle, you are completely free whether to signed the mentioned document or not, if you do not agree with it, do not sign it.
_______________________
Janmet
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I asked my lawyer for an update on expected completion date and the reply is below:
Thank you for your e-mail of yesterday afternoon. Attached please find a copy of the Architects Certificate stating that the works have been completed. This document was issued on March 5th and subsequently presented to the Town Hall in order to obtain the First Occupation License. Essentially, once the documents have been presented to the Town Hall, they have 3 months from that date to issue the License of First Occupation. In view of this, I believe that this document will be issued at the beginning of June, but please note that this is something which is completely out of our hands, and those of the Developer.
This is different from Rydon's solicitors view but if it's true we're nearly there.
_______________________
David
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Hi David,
Your laywer seems a bit superficial in his answer and misses the real issue as far as I know.
It’s true that the law states that the town hall has to react on a license appliance and if they don’t do this within three months the license is granted.
En las viviendas de nueva construcción el promotor inmobiliario es el obligado a entregar al comprador, en el momento de otorgar escritura pública de compraventa, la licencia de ocupación o justificante de haberse obtenido por silencio administrativo por el transcurso de tres meses.
Keyword in the above Spanish is ‘silencio administrativo’ and ‘tres meses’. But what if they did react on the appliance and demanded an agreement for the maintenance of the road? This three month period wouldn’t be an issue and I fear that a dispute could hold up completion until the developer gives in due to his financial position.
Tonight I called Perla about this and after the usual positive 'we are waiting', 'it will be all right' and 'real soon now' replies I confronted her with the railway / road issue. Only then she acknowledged that this was an problem with the town hall, but that they had agreed that this wouldn't stall the granting of the license. If true it's good news, but also means that the city has reacted on the appliance and the 'automatic granting' after administrative silence won't help us. She said that they had another meeting next week, but that due to the local elections it was hard to get them moving.
Conclusion if Perla is right: not as bad as I initally thought after reading Rydons post, but not as optimistic as Davmunster.
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hii All
My lawyer phoned to me friday the 24 of may and she tolded me that we are very close taking over our apartment.
Perla had said that, but we are not sure that we can believe in that? So we are also very interested in hearing from anybody who have got the key to their apartment?
Svend And Karin.
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The latest is that they expect to complete in the first half of June. But there have been more announcements in the past...
Today is election day, so hopefully the town hall will issue the license next week.
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Hi All,
I have just managed to have a conversation with my Abagado and she has confirmed that the earliest date for the 1st completion will not be until the end of June. Due to the elections the developer is expecting to get the 1st licence in approx 2 weeks. Clients then are given 2 weeks notice on the first completion dates. She also confirmed that Don Juan will complete irrespective of the condition of the road next to the station.
If anyone is in a rush to complete I suggest you contact both your Abagado and the developer to request to be one of the first.
Regards, Andy
This message was last edited by otterandy on 6/1/2007.This message was last edited by otterandy on 6/1/2007.
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Hi All,
This is information received from my solicitor today - basically no great change on what Andy posted except that the earliest completions will probably not be until mid to late July!
Following to the elections, the Town Hall counts on a specific period of 3 weeks to be set up again, so the new corporation will not be set up until the third week of the current month of June (as the earliest).
I have contacted the Developer and I have been informed that they have already contacted the Town Hall and the person in charge of Town Planning Department who informed them that they will be one of the first for achieving the First Occupation Licence as soon as the plenary sessions are taking up again.
Therefore, if we are lucky and everything is going on successfully, the Developer could have the First Occupation Licence at the end of the current month of June
Regards
Gay & JB
This message was last edited by gericom99 on 6/4/2007.This message was last edited by gericom99 on 6/4/2007.
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Yip, Perla told us the same thing today. They claim to be talking to the town hall on a daily basis to be sure all obstacles are cleared when this transitional period is over.
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I think Perla probably means 1st week July, doesn't look like completion is going to be till August / September earliest at this rate. According to my lawyer he reckons that the developers cannot be held in breach of failing to complete on time as apparently they have completed the property long ago and are just waiting for the 1st occupation license which is 'out of their control'. Although I am a bit puzzled by this as a) surely completion means when you get the keys & not when the property is ready but 'we are waiting for the 1st occupation license etc' also back in end of Feb when the developers claimed the development was ready and completed they still handn't finished the gardens, communal grounds or the pools e.g. the handle bars / steps to get in / out the pools from the last I heard still were not in place and neither are any of the kitchen appliances so how can they possibly claim the development was ready within the contractual time limit?
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We had a look at the site today and they were installing the fridges. This seems good news to me as the developer wouldn't do that if he wasn't quite sure about completion on short term.
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Hi all
I booked flights today for 15th of Aug do you think we will have an appartment to go to?
How is progress now.
Max you must be sick waiting now as its going to be your new home.
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We have our flights booked for the 1st of August , our mortgage advisor thinks it may well be ready for us . So its fingers crossed. Its getting close now though.
Andy
_______________________
Apartment available for holiday rental.
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I suspect we will be searching for alternative accomodation as we have flights booked for the 21st July. Let's hope they get a move on this next few weeks, fingers crossed!
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The problem of course now is that we've effectively missed the summer. Unless furniture etc are on order (which we've not done) we may well have our apatments but will not be able to use. I've given up any hope of using properly until the autumn which is frustrating but after all this long wait we've got used to not having anywhere to go.
For those of us working it has been very frustrating, first making sure we had enough leave left at the end of last year when completion was expected in November, then ending up with 3 weeks having to be taken or else losing it. And now not being able to enjoy an out of season break before the school holidays push up air fares.
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