Is FOL obligatory for sales to buyers in Valencia Region?

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28 Apr 2015 11:20 by mariadecastro Star rating in Algeciras (Cadiz). 9302 posts Send private message

Legal Questions? Speak to Maria Direct

Legal tip 1293. First Occupation License is NECESSARY in Valencia Region 
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First Occupation License is necessary for the registration of Finished New Work Notary Deed and registration and therefore for  posterior first transmissions  ( from developers to buyers).

Whatever regional regulations establishes, as Notaries and Registrars and Constitutional Court in Spain have already set: competency for the determining of the necessary requisites for public documentation ( Notary deeds) and registration ( at the Land Registry) of authorisations and licenses established by regional regulations, is always National.

And National Ground Act clearly establishes the obligatory vertification of existence of First Occupation Licenses before granting of  Finshed New Work deeds and its registration

So, no Notary should authorise Finished New Work Deeds and no Land Registrar should register it before veryfing on the existence on these.

An example of why a good independent lawyer--- better if  locally independent too-- , with good knowledge of Real Estate, Land Registry, Urban and Horizontal Property Law is essential for a safe property purchase in Spain.

Recent history teaches us!

 

 


This message was last edited by mariadecastro on 28/04/2015.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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28 Apr 2015 20:25 by ads Star rating. 4016 posts Send private message

Have any cases been brought against Local councils or Notaries or Registraars (jointly and severally responsible?) who have not demonstrated due diligence in this regard, thus significantly compromising innocent purchasers, and realistically speaking would any compensation be awarded for the dire consequences that have resulted from their malpractice?

Has any case law been established/ legal precedent set in this regard?

Also, how speedily are the authorities going to correct the land registry of properties that have been illegally registered, so as to prevent other potential illegal sales of those properties which appear to be legal according to the land registry, but where no FOL has ever been provided?

No innocent purchaser should ever be made the scapegoat for malpractice of this nature in Spain.





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30 Apr 2015 12:27 by mariadecastro Star rating in Algeciras (Cadiz). 9302 posts Send private message

Legal Questions? Speak to Maria Direct

I do make same questions to myself Ads!



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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