certificates of Habitation

Hi  I am just wondering can you sell property if you do  not have certificate of habitation

You can seel, the problem is wether anyone is willing to buy without it. I know a couple of people who have sold without.

Joan

I know of some who HAD a certificate of habitation who had to renew it BEFORE selling as, in our area, I understand it is only valid for 5 yrs.

As you are not legally permitted to live in a property that has no certificate (& you should not be connected either to mains water or electricity), I would NEVER buy a property without one & the buyer's solicitor should insist the property has it!

thanks for that information. we are looking to buy property in bosque de las lomas and hear they might not have certificate of habitation

Gorth, DON'T DO IT! You are leaving yourself WIDE OPEN to problems. You only have to read certain posts on here & other Spanish forums about the problems of not having a certificate of habitation.

Apart from being illegal developers have been known to withdraw their water & electricity supplies when wanting to move onto pastures new.

Is it a new or newish property or an old one? I understand sometimes old properties never had a cert!

 Gorth,

I presume the property is a Tecnologica (battenburg) property if it's in Bosque de Lomas.

why would you consider buying something that is going to have so many problems attached when there is so much property available that is squeeky clean.

Warning; stop and think before making a decision that could cause you major problems in the future.

You can buy a property without one as long as it is requested before purchase, i now use an architect that can get any Cedula within 3 days, it has made my life so much easier.

with the property i think you are talking about, no Cedula will be just the tip of the iceberg..........................

great to hear from people with advise, yes will be looking for property elsewhere.

A good call Gorth 1. I live in a TU battenberg house on Bosque de las lomas. No deeds, builders water and electric that we have to pay for, no certificate of habitation etc etc. It's a building site and I've been here 5 years thanks to Atlas and TU. As others have said - with so many other properties available you would be mad to buy here.

Its should noted that if this is for urban property then cedula, yes but not always so with rustic properties that have water and electric older than 5 years!

Shar, you will note I DID say in my post 22 Apr 2010 16:51
 

'Is it a new or newish property or an old one? I understand sometimes old properties never had a cert!'

There was NO NEED for you to send me a PM saying ...

As you are not legally permitted to live in a property that has no certificate (& you should not be connected either to mains water or electricity), I would NEVER buy a property without one & the buyer's solicitor should insist the property has it!

Sorry if I have offended you but people who are not aware of laws and are new to the regulations here may take this rule for ALL properties which is not the case!

As I work in rustic properties only then you can imagine how much harder this makes my already hard job!

No hard feelings, I hope you understand where I am coing from, I have sold over a 100 rustic properties many if not the majority with no CofH with no problems to date, 6 years later !

There are different properties on BDL so saying don't buy isn't really helpful to anyone who may be trying to sell a property on this location.

BDL1 is fully legal and they have deeds, certs of habitation etc etc.  Most properties on BDL2 are legal with the same paperwork. A cert of habitation for the community has been issued and is held by the administrators.  A good deal of the other properties have individual certs of habitation and others are having them forwarded on to them at this very moment (should have got all the individual ones by February but apparently there was a spelling error in the address and they are being redone).  However, all this property has been connected to both mains water and electrics for some time so its just a case of red tape being completed.

BDL3, unfortunately, has never been fully completed due to the developer going bust and having debts (even though they continued trading) as Fly380 can testify.  Hopefully, this will get sorted out as the last I heard the council were going to step in (?) as they are doing in the Campoamor area (?).  I really hope this gets sorted out soon and with huge financial penalties to TU (and Atlas as well, if there were any justice in this world).

So don't let them put you off if you want to buy in the area.  Just ensure the paperwork is correct which, for most of the property, it is.  Ensure you have a good (independent) solicitor and you should be OK.  This is what you should do with property in any area, after all.

A lot of the comments you will hear are now historic (or should that be hysteric?).  As they say, give a dog a bad name..........but it doesn't take into account the hard work that has been done by the residents and, frankly, does them a disservice.

(PS, I used to own a property there.  It did take a long time to get the deeds, solicitors taking TU to court 6 times etc, threatening to take the old administrators to court but, finally, after 7 years it was all OK.  Comments from people outside relying on hearsay are just not helpful at all).

It is a great and up and coming area with either good facilities on hand or within easy reach.  It even has buses with stops!

But surely, at the end of the day, a lawyer should find all that out & advise? Too many rely on hearsay. If a lawyer claims they hold the cert it has been mentioned by many on here that hasn't been accurate. Ask to look at the cert to prove it exists IF the property isn't over 5 yrs old & classed as 'rustic' as it doesn't need one Did I get it right??

Whatever  happens here and there. You cannot live either sell a house with no First Occupation License

Buenos dias Maria. I hope you are keeping well, also your family ... the children will be growing so fast.

So .. from what YOU, as a lawyer, say ... Shar is incorrect??

I want to be 100% clear here as I pass information onto others regularly.