First occupation licence

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02 Feb 2008 5:16 PM by morerosado Star rating. 6927 posts Send private message

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Dan, was your last post directed at me or Maria ? Hope it's both as I do try. (Most would say I'm very trying ! )

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02 Feb 2008 7:27 PM by Just Dan Star rating. 440 posts Send private message

Hi

To you kind sir or madam

Its just nice to meet someone who has made many posts and dosent think that he or she is bigger than the forum

Dan





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02 Feb 2008 7:36 PM by morerosado Star rating. 6927 posts Send private message

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Wow Dan. You've made my day.   (I'm a female actually).  It's a pleasure to help.



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04 Feb 2008 7:20 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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You are a wonderful helper Morerosado. I wish to meet you personally soon!
Maria

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Maria L. de Castro, JD, MA

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Director www.costaluzlawyers.es

El blog de Maria



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04 Feb 2008 12:42 PM by morerosado Star rating. 6927 posts Send private message

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Hi Maria, hope you're good.

As we live in the UK & have our home Guardamar in Spain I think meeting will be difficult.

I help because of the problems we had ourselves in our purchase. In five years we learnt a lot.

Without you, many of our members would have no hope but you give those with problems great hope & a calmness, which is exactly what they need.



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04 Feb 2008 1:52 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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We should hold an EOS conference or retreat anytime soon!
Good things will come out of that for sure!
You are a star!
Maria

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Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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04 Feb 2008 2:13 PM by morerosado Star rating. 6927 posts Send private message

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04 Feb 2008 2:20 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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Thanks. Morerosado!
Together with the trophy, I have got the deep satisfaction of being a member of this community!
Maria

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Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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04 Feb 2008 3:02 PM by Just Dan Star rating. 440 posts Send private message

 

Morerosado

Hope you can get through that door now.

Appears I have been a good judge of character.

Keep up the good work ?

Dan




This message was last edited by Just Dan on 2/4/2008.



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04 Feb 2008 3:11 PM by Rixxy Star rating in San Pedro. 2010 posts Send private message

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And the agents for the site who is run by the daughter of Penaroyyo, has huge billboards advertising the sales of their properties INCLUDING a rentl guarantee! How can they do that when its not legal.

Very naughty and most agents wont touch them anymore!



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Quite frankly m'dear, I don't give a damn!

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04 Feb 2008 9:59 PM by Poppyseed Star rating. 897 posts Send private message

Hope I'm on the right message board for this. The urbanization we bought on was supposed to have 3 phases. The 3rd has never been built and very unlikely it ever will be. We signed in Sept 04, our house being one of the last to be completed (3 years late). We have been paying council tax since 2005 but don't have a Certificate of Habitation. Some say it can't be issued until the urbanization is complete (phase 3), but this really isn't going to happen. What should we do to get this certificate?

Many thanks.



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Poppyseed




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04 Feb 2008 10:35 PM by morerosado Star rating. 6927 posts Send private message

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Ask Maria lawyer who advises on EOS, she'll tell you.

Email her on mldecastro@costaluzlawyers.es     or    marialuisa@costaluzlawyers.es


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Maria L. De Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es



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05 Feb 2008 9:37 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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Dear Poppyseed:

The Certificate for Habitation is not something that you can get personally but needs to be issued  by the Local Council to the developer if the project  is revised and found according to the Work project they get the work license for.

Actually, it is not legal to live in a house without a First Occupation License and I would advise you to have proper documentation to prove that you are asking your developer to solve that problem for you.

The only possibility I see here, believe me, is to act for cancellation and refunding but if that unit  is already your home, I can imagine how difficult that option can be for you.

How do you know that the FOL will never be granted? Do you have official information from the Local Council?

Best regards,

Maria

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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05 Feb 2008 8:39 PM by Poppyseed Star rating. 897 posts Send private message

Dear Maria

 

Thank you very much for your reply. Our urbanization has been fully occupied for about 3 years now. We don't think the 3 phase will be built as the developers (under the name they built our development) are no longer in business. I don't think they have the money to build phase 3. I will check with the president of the urbanization to see what if anything is being done collectively.

Some owners did take the developer to court  in December and 'denounced' him, but I haven't heard anything since. The Town Hall does hold a guarantee from the developer for the access road, but again I think the urbanization is considered unfinished. If the Town Hall decide to develop the road we understand we would have to make up any shortfall in cost. over and above the guarantee they hold.  We are actually happy with the road as it is .

The lawyer we had was recommended by the agents Parador (who did not live up to their advertising claims at all and have now disappeared from the area leaving many unhappy people), he has since moved on and we've no idea where he is (probably with Parador somewhere!)

 

Thanks again.



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Poppyseed




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24 Feb 2008 8:57 PM by Poppyseed Star rating. 897 posts Send private message

It has been suggested a provisional habitation licence may have been issued. Does anyone know if such a thing exists????!!

Thanks,

Poppyseed



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Poppyseed




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24 Feb 2008 9:06 PM by bill marshall Star rating in newcastle/upon/tyne/.... 42 posts Send private message

hi, dont know if this is any help our lawyer has advised not to sign for anything until cert of hab  is in place did not  say anthing about temp paperwork we have bought on vista golf 2 next to villamartin only signing when everything is in order, advise you to be very careful in this matter hope this helps, bill marshall  in newcastle on tyne,



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24 Feb 2008 9:20 PM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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NOtaries cannot authorise anymore purchase deeds without the FOL ( there is just one ans is definitive). So it is not a matter of you purchaser wanting or not a signing with no FOL but a matter of  Law prohibiting Notaries to authorise the deeds without that requirement in place.

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Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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24 Feb 2008 9:23 PM by morerosado Star rating. 6927 posts Send private message

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Hi Bill, if you're advising Poppyseed see her initial post .....

Hope I'm on the right message board for this. The urbanization we bought on was supposed to have 3 phases. The 3rd has never been built and very unlikely it ever will be. We signed in Sept 04, our house being one of the last to be completed (3 years late). We have been paying council tax since 2005 but don't have a Certificate of Habitation. Some say it can't be issued until the urbanization is complete (phase 3), but this really isn't going to happen. What should we do to get this certificate? Many thanks.

Poppyseed  was just asking how she could get her certificate. She has completed already.

Of course, no one should complete without a certificate of habitation granted.

Seems so simple, doesn't it ?

NOT !!!



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24 Feb 2008 10:48 PM by Poppyseed Star rating. 897 posts Send private message

Thanks for your replies. Sorry for any confusion, it's hard being me sometimes!

We have completed and are paying council tax but don't have a FOL. Someone on the urbanization has said they 'think' a provisional FOL has been issued. A novel idea but i was just wondering whether anyone knew if it was just wishful thinking or whether there is such a thing as a provisional FOL.

Thanks again everyone.

Poppyseed

 



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Poppyseed




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24 Feb 2008 10:58 PM by morerosado Star rating. 6927 posts Send private message

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provisional = temporary, conditional.  You either have a certificate surely or you don't. I can't think there'd be half measures.

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