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Hi John here new member although I have been reading eye on spain for some time, i bought a penthouse (thats a laugh) on arenal duquesa back in 2004 I visited last week great area and apartment is built waiting for habitation licence? agent very pleasant man showed us around and whae I asked to see roof terrace he said it was locked and against spanish law for us to use? I think he said it was too high we are on fourth floor (top) has any one heard this before? we speciffically bought a penthouse for the roof terrace so are a bit miffed (polite word) cheers John
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There are other deveopments with the same problem and the developers may have to either not use the roof or even be ordered to take a level off.
I would urge you to speak with your lawyer and if it is one recommended by the agents you went through then get independant advice.
I take it you havent completed yet and if there is a problem this may go on for years. Also check on the development part of this website under arenal duquesa to see what other owners have to say.
Good luck
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jonty43, Arenal are having seriously bad time at the moment. Arenal Duquesa is actually stopped.
There are developments in the area which have problems with the top level as they were built illegaly, being in most cases one storey too high. I wonder if this development has the same problem...it wouldn't surprise me.
But if you can't use the terrace and the plans showed a terrace then I would get my lawyer on the case ASAP if I was you. Don't let them try and make you complete on a property which is not representative of what you were sold.
I agree with Rixxy, join the Arenal Duquesa forum here and you'll see what others are saying.
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Hi Justin,
I have also bought an apartment in Arenal Duquesa. It is the first time I and presumably everyone else that doesn't have a penthouse,have heard that there was a problem and everything had stopped. As far as we were aware everything has been completed and are awaiting habitation licence. If there is a problem with the height of the building why have they erected a six story unit containing a commercial centre and affordable housing nearby? Or is it simply because of the terrace?
Alan
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To Dare Is To Do
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Hi Alan
From what I can tell phase 1 is finished but the other phases are stopped. I'm not saying Arenal Duquesa is an illegal height but on jonty43's comments it seems that may be the case.
I do know that on some developments with this height issue they are trying to make them legal by assigning "unused land space" to the developments from elsewhere in the area. Manilva has big problems to deal with and it's not going to get any better until someone decent takes charge of things. I think I'm going to start my "vote Mena" campaign soon....
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Schools in Spain Guide | The Expat Files | Learn Spanish | Earn a living in Spain
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It does seem to be an issue as my understanding is that phase 1 has been ready for a while. Now it seems that the delay in the habitation license being granted could be down to the 'penthouse problem'.
Alan
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To Dare Is To Do
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I have now heard from the development link that the roof terrace isn't for public use as it has the air conditioning units up there! If that is the case it obviously wouldn't be appropriate for leisure activities.
Alan
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To Dare Is To Do
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Bit naughty if they were originally sold with apartments! Thats a massive amount of square metres going to be missing from the escrituras and will lower the bank valuation of the properties. As an approximation, if you are interested, each sqm of open terracing in that area should command around 900 euros! (based on 2700epsqm interior)
Seems like some buyers should get refunds!?!
_______________________
Quite frankly m'dear, I don't give a damn!
www.herbalmarbella.com
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Hi All We have the penthouse apartment or top floor we were told from the beginning that the roof was not for use .I have been up on the top and it does indeed have the air con units and soon probably the large sattelite dishes certainly no room for sunbeds etc.Where did this start that the roof was for use?
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I can honestly say that my apartment was never sold with the added use of the roof terrace. It goes without saying from an Health and Safety point of view that we can't all go trotting up their with deck chairs or intending to have parties up there. I think an element of misunderstanding may have taken place, well I certainly hope so, if we have an illegal build we could have a few problems.
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Hi Lynn
You found it then 
It was jinty46 8 posts back
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Hi all please please tell us Jinty that you didnt think you had bought the roof terrace
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Hi John,
I think as everyone is getting a little agitated it would be helpful if you can explain exactly what you were told when you purchased your apartment so that it is clear if we need to worry or not. If you could use the Development Discussion for Arenal Duquesa all interested parties will see it. Cheers.
Alan
_______________________
To Dare Is To Do
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Just to add to this thread about Arenal Duquessa we have purchased a second floor apartment at Arenal Golf in Benalmadena. We was told 2 years ago the same sort of story by the sales staff in the office that the roof terraces were going to be communal. They even went as far as saying they would be building BBQ's up there for everyone to use. When i came out the sales office i said to my wife i was glad we did not have a third floor ( penthouse) apartment. Can you imagine a 100+ people partying on your roof all day and night. It seems to me to be a sales tactic that is popular with the sales staff of Arenal.
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We reserved our apartment in October 2003 at a Viva Estates show and were told then that all of the apartments were basically the same and that there were no "Penthouses".
This was re-affirmed a few months later when we visited the site.
The model of the development shows no penthouses.
One look at the price list would tell you that there are no penthouses, as there was very little difference in price between any of the floors.
I'm afraid Jonty43, that you need a stern word with the agent that sold you the apartment, as roof terraces were never on the agenda from day one.
Best of luck with that one!!
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So we can put that one to bed??????
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ZZZZZZ
ZZZZZZZZZZZZZZZ
ZZZZZZZZZZZZZZZZZZ 
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Hello to all:
According to my news, the way was stopping being completed about July 15, from this moment one week afterwards,(later) can obtain the license of 1ª occupation, but since (as, like) practically in August the notaries are in the habit of being of vacations, we will have to wait to September (the end fase 1)
Casoir
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