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We have found a plot of land and the developer has agreed to build a house for us. The developer has built a house for our friends in the same area and they say they have had no problems whatsoever.To be sure we sent the developer's original escritura to our spanish lawyers. They have come back to say that all seems ok. However, our lawyer then said we must not go ahead if he cannot produce a Habitation Certificate and Expediente Sancionador. The developer cannot produce these documents although he did say that if we insist he could get us a Certificate of Habitation after the house has been built. Do you think we should go ahead on this basis? I cannot find out what a Expediente Sancionador certificate is. Does anybody know?
Any help on this and any other information on having a property built would be much appreciated.
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Where is the land you are interested in?
A lot depends on classification of land. If land is rustic requirements for building vary. We needed 20K sq mtrs in Murcia.
We succeeded in having our house built legally and have habitation cert etc. After reading this forum I now realise how lucky we were that we had good advice.
I am sure the experts on this forum can advise better than I but it is possible.
All the best
Jean
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Thanks Jean, it is near Orihielo. It's the two (missing) douments I mentioned that I am concerned about. You hear such horror stories. I don't want to find that we are involved in fines or, even worse, that we are told the house is illegal because we don't have these documents.
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Hello,
I believe Orihuela comes under Alicante province and you need 10,000 sq metre plot and can build up to 2% ie up to a 200 sq metre house.
The licence of first occupation is only issued by the town hall when property is built and signed off as completed by the architect. Sorry but I have never heard of the other form but wonder if it is the 10 year guarantee on new builds.
Without a LFO you cannot get electricity or water.
If i were you i would interrogate your friends. have they got LFO and an escitura THAT INCLUDES THE HOUSE.I have put that in capitals as I have heard (probably on this forum) of people with an escitura BUT only for the land. It is very easy to be deceived when you do not understand the language.
Make absolutely sure you get a solicitor that is not connected to your developer.
All the best
Jean
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It means the sanctioning of a product. I assume it means you need official permission to build on the land and I'm sure the legal eagles on here will be able to help you out.
You need the same thing, for example, to get a license to sell alcohol or build a shopping centre.
The LFO or habitation licence, is granted after the building is done to show that it is fit for purpose, ie Fit for Habitation.
So Expediente Sancionador before building goes ahead and Licence of First Occupation after it has been built.
HTH
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Just been and pulled out our building licence. Simply Licencia de Mayor obras and then description of what is to be built. In our case the house.
Not trying to confuse, but just thought I had not heard the term before.
Jean
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As far as I can conclude, out of the data you have provided:
With the Expediente Sancionador certificate your lawyer is trying to see if there is a demolition or any other planning-related sanctioning procedure on the property and the legal status of this. This message was last edited by mariadecastro on 10/13/2008.
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Thank you maria. What we do without you?
Jean
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Thank you Maria for this information.The house hasn't yet been built so I still don't understand why our lawyer would want to see a "Expediente Sancionador" now. He said to us in no uncertain terms that we MUST NOT go ahead with buying the land and having the property built unless we get this certificate. It's all so confusing to me. Do you think I would be best just to walk away from it? My heart wants to go ahead with it but my head is telling me that I might regret it in the future.
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Thank you Maria for this information.The house hasn't yet been built so I still don't understand why our lawyer would want to see a "Expediente Sancionador" now. He said to us in no uncertain terms that we MUST NOT go ahead with buying the land and having the property built unless we get this certificate. It's all so confusing to me. Do you think I would be best just to walk away from it? My heart wants to go ahead with it but my head is telling me that I might regret it in the future.
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hi marguesa
Building a new home is never easy and i dont expect for 1 min that you thought that it would be.
if your lawyer tells you to back off you have 3 options 1st get another lawyer there are a few on this site that im sure can advise you. Repost this on gereral chat forum i think you will get a better response.
2nd take your lawyers advise as if things go wrong you dont want to here told you so.
3rd buy a property that has already been built have a look round there are some bargins dont be afraid to put silly offers in, There are really good deals lots of people are leaving and left ask about.
But the most important thing is dont go ahead with out all paperwork in order dont end up in the paper to many do you have been warned.
I wish you all the luck just be very careful.
john
_______________________
come visit us www.costadelazaharbuilders.co.nr
Your local build...
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I would say I would expect more clear information from your lawyer... but cannot see what he is providing to you.
If the land is rustic... I would not take the risk... there must be plenty of other options.
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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This message was last edited by mariadecastro on 10/15/2008.
_______________________
Maria L. de Castro, JD, MA
Lawyer
Director www.costaluzlawyers.es
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Hi Marquesa
I really feel for you. It is so difficult. I know how gutted we were when we thought we would not be able to get planning permission from the town hall.
Why not go back to your solicitor and ask for more details.
You could also check with town hall re requirements for building permission. Is it a protected area etc. I know of a couple of businesses that can do that sort of thing but they are based in Murcia so may not cover Oruhela. You could also ask your solicitor about it.
The cost may be worth it for peace of mind.
Jean
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Thanks Jean. I really appreciate the advise I've been given. We are in Spain again at the end of this month. We have a place in Quesada. I think we're going to arrange a meeting with lawyers and see if we can make any sense of it then. If, in the meantime, you have any other advise for me I'd appreciate it. By the way if you know of anyone who would like to buy a super house in Quesada with 3 bedrooms/3bathrooms,two sitting rooms and plenty of outside space you might point them in my direction!
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What a coincidence, We started out in Spain by buying a holiday home in Quesada on Pueblo bravo. Still have fond memories of the area.
When we get too decrepit to live here in the campo we will probably return there.
Don´t give up hope of your property but be careful. Don´t finish up like those poor people who bought some of the rural properties in Catral.
send me a pm if you need any support or info.
Jean
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