Certificate of habitation

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10 Apr 2009 12:00 AM by jeriordan Star rating. 2 posts Send private message

Hi there

We are in the process of buying an appartment above the commercial unit at Laguna Green. Has anyone heard when the above certificates are going to be issued. It is now over 2 years since we started this purchase, how much longer  do we have to wait, I wonder. Would appreciate any comments.





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10 Apr 2009 5:24 PM by FibbyUK Star rating in UK, Surrey & Playa F.... 2349 posts Send private message

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Hi jeriordan
 

My slant on this isthat the Cetifiacte of Habitation is issued after the property has been bought

As you haven't completed your purchase you won't get one yet.

Others wil correct me if I am wrong.

I know of one person who bought a re-sale and still doesn't have his!

The property is now 5 years old!

 



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10 Apr 2009 5:34 PM by FibbyUK Star rating in UK, Surrey & Playa F.... 2349 posts Send private message

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Ooops!

Sorry, forgot to say - welcome to EOS!!!



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10 Apr 2009 5:42 PM by kmo Star rating. 2 posts Send private message

My understanding is that the town hall issues the habitation license within 60-90 days of the construction being completed.Bizarrely it is O K to complete on the property,but illegal to actually live in it!So my advice would be to hang for license

Julie 





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10 Apr 2009 5:45 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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Think you're a bit confused, Fibby, the certificate of habitation (or licence of first ocupation and a host of other names) is issued by the town hall to state that the building has been completed according to the plans and laws / regulations etc., and strictly speaking it is illegal to inhabit a property before this is issued. You shoud never complete on a new property without the certificate. Of course in practice it doesn't always work like that.

Maria de Castro, our friendly resident lawyer, has posted several articles about this, I think, so search the website for more info.



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10 Apr 2009 6:04 PM by sandra Star rating in . 812 posts Send private message

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Hi Jeriorden,

When a new build is completed the builder or developer must apply to the local town hall for a habitation licence. The certificate is only issued when the town hall are satisfied that the construction is as per the original plans and   is built to the legal building standards and so fit for habitation

Depending on how busy the local town hall office is, it can take up to a year from the date when the builder (after declaring the work completed   )    applies for the license. If the works are not complete or not up to standard it could take longer whilst the work is rectified.

When, and only when, this licence is in place can the services, i.e., water and electricity be legally connected. The utility companies will not connect without the licence. Also no reputable lawyer would allow a purchaser to take possession,i.e., complete on the property until this licence is in place.

There are many horror stories on EOS where people have completed without the licence and years later are still on the builders water and electricity supply and unable to sell the property.

If you do a search on EOS for 'habitation licence' you will find lots of info. and also stories about the pitfalls of completing without this very important document.

 

Edited to say that I have almost duplicated Robertos response which he beat me in to posting. I must try and type faster!!!
 



This message was last edited by sandra on 4/10/2009.

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10 Apr 2009 6:28 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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You don't get to be a superstar by taking 19 minutes on each post!!!



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10 Apr 2009 7:37 PM by FibbyUK Star rating in UK, Surrey & Playa F.... 2349 posts Send private message

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I just knew I was confused Roberto!

That's why I said someone may put me right...............

I only said that was my slant on things, as we had owned for roughly 6/8 months before this document was handed to us by our Presidente

I stand corrected!

(But knew I would!)

Kept the thread going though didn't it?!


 



This message was last edited by FibbyUK on 4/10/2009.

_______________________

FibbyUK

One off fee to pay your own La Renta tax (210 Form)
Check out my website:

http://www.payingtaxesinspain210form.pwp.blueyonder.co.uk/

 




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10 Apr 2009 8:56 PM by jeriordan Star rating. 2 posts Send private message

Thank you all that have replied to my question. We have to be patient for a while longer!!





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