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26 May 2009 12:00 AM by wardy1424 Star rating. 6 posts Send private message

hi, does anyone know how long a vpo lasts? i am in desperate trouble and need some honest advice, please if anyone can help!





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27 May 2009 8:34 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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You mean Vivienda de Protección Oficial by vpo?

Thanks,

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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27 May 2009 4:54 PM by Roberto Star rating in Torremolinos. 4552 posts Send private message

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As far as I know, it lasts until someone cancels it, which basically means paying some sort of taxes to negate the supposed discount when it was originally bought. Not sure exactly how it works, hopefully Maria (the Oracle) will explain. I think in the past, vpos changed hands freely, with everyone happy to underdeclare the true sale price, but as controls have become tighter and people are less willing to underdeclare and pay black money, anyone who bought a vpo with a very low escritura price who now wish to sell, could be facing crippling cgt bills.

Maria, I don't think vpo has any meaning in English, so I assume your assumption is correct!



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27 May 2009 6:16 PM by wardy1424 Star rating. 6 posts Send private message

can you advise me of a good lawyer i can trust as i have obviously been ill advised so far , i have been told that becoming a spanish resident for 5 years is the only way? i am very confused !! how do i find out how long the vpo is on it as it was built 23 years ago?



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27 May 2009 10:01 PM by gwm Star rating in Pizarra. 139 posts Send private message

Try Lawbird in Marbella, will give free advise on the net





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27 May 2009 11:11 PM by Roberto Star rating in Torremolinos. 4552 posts Send private message

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Wardy, it's not entirely clear yet what your problem is. Are you trying to buy a vpo? If so, my advice would be, don't. It's too complicated, and it's not like there's a shortage of choice available at the moment.



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"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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27 May 2009 11:26 PM by Fairway Lawyers Star rating. 48 posts Send private message

Hi,

from the original question I think that you purchased a VPO or Estate-Subsidiased property and now you want to sell it but you cannot. I also assume that the property is in Andalucia. 

In the past the VPOs were just properties where there was a maximum price fixed by the authorities. Such properties were subsidiased by the government, the regional authorities or the local authorities by way of tax reliefs, reduced interest rates in mortgage loans, etc. They were aimed for people with less financial possibilities. In some cases these were really good flats, big and with good quality (my parents raised me in one of these, I know what I am talking about!). 

In most of the cases it was possible to sell these VPOs and the transaction was completely valid (there are plenty of rulings from the courts supporing this point), but the vendor was fined for selling over the maximum price fixed by the regional government. In order to avoid the fines, the general (mal)practice was to declare on the deeds the maximum price allowed by the authorities and to pay the outstanding amount in cash, also called black money. This was probably your case?

Another option was to disclassify the VPO by refunding the subsidies granted for the purchase, so that the VPO was freed from the limitations which rose from the VPO legislation and became a normal property.

This situation changed dramatically 4-5 years ago, when new laws were passed in order to put restrictions to many abuses (there were people who owned  2 or more of these properties and lived in none!). Now the situation in Andalucia is the following:

a.- In most cases the Andalucian Goverment has to authorise the transfer before it happens, so that the Notary cannot grant the Deeds unless the authorisation is in place. This means that before selling the property, the vendor AND the purchasers have to request this permission, and the purchasers even have to prove that their income situation is the one that makes them eligible for a VPO. This gives rise to awkward situations, for instance daddy and mummy have fallen in love with the property but they are not eligible as they earn more than 40.000 yearly, but... what about their young daughter, who is still studying?? and in the end the parents put the money but the daughter becomes the new owner...

Please note that there are exceptions to this, but these exceptions depend on the applicable regulations in each case depending on the type of VPO were are dealing with.

b.- In contrast to the former situation, the transaction made without this permission is not valid.

c. - The fines are much higher than before. Furthermore, the Andalucian government has in some cases a right to opt for the preferential right to purchase the property - of course, at the price they fix - so that the purchaser  takes the risk of being deprived of the property after purchasing it.

d.- There are more restrictions to disclassify these properties. For instance, one of the restrictions in some cases is that in order to disclassify the property it is necessary that the applicant proves that he has been living there for a period of time, i.e. 5 years.

I am afraid it is not possible to give general rules as there are many tipes of VPOs and the applicable regulations are different. Anyway, as you mention the 5 years issue, I personally think that in your case you are thinking of disclassifying the property and therefore you have been requested to prove that you have been living there for the last five years. At the moment the Andalucian government considers that this is so provided that you have been registered at the padrón - town hall registry - for the last five years as living in that property.

In the event you needed help to assist you in this matter, I would be glad to offer you my services. My e-mail is info@fairwaylawyers.com

Yours sincerely,

 

 





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27 May 2009 11:44 PM by Roberto Star rating in Torremolinos. 4552 posts Send private message

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It would definitely help if the original poster made their circumstances a little clearer, but your excellent post seems to have covered the subject pretty well.

I tried to buy a vpo some years ago (at least 5 years) but the vendor refused to cancel the vpo, I assume because of the cost to him in doing so, and he wanted me to declare something like 30% of the sale price and pay the rest black.  He wouldn't even negotiate on the price - wanted it all his way. He got very abusive when I walked away from the deal.

As you say, some vpo properties are very nice - I could never quite understand why someone who needs govt. assistance to buy a home due to their low income status, should also need 120m2 plus terraces, sea views, gardens and pools and 2 garage spaces?



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"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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28 May 2009 10:19 AM by mariadecastro Star rating in Algeciras (Cadiz). 9402 posts Send private message

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Each call for Estate subsidized housing has different requirements and obligations, as well as its own process for granting. There is  generally a non-transmission rule period which is typically of 10 years. There is another term for the impossibility of voluntary disqualification of the subsidized character of the house, which can reach 15 years, depending on the law of the Region the house is in.

Hope this adds a bit.

Maria



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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28 May 2009 12:46 PM by wardy1424 Star rating. 6 posts Send private message

basically we are trying to sell our appartment that we have owned since 2004 and paid 155000 eoros [of which we paid 50000 in black money on the advice that thats how it works in spain !] we have now been told it has a vpo on it and the most we can sell for is 99000 euro. My question is how do i get round this vpo? is it possible and who can i trust to do it? we have been told one way is to become a spanish citizen for 5 years, is this possible if i live in england !!? also i read that the time frame of a vpo can last 30 years, our block is 23 years old, maybe a possibility there? i guees i am looking for a competent person who can tell me my options and then carry them out!! regards





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28 May 2009 6:59 PM by Roberto Star rating in Torremolinos. 4552 posts Send private message

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Sounds like you got bad advice when you bought, sadly. Strange how you were able to declare 105,000 then but now are told you can only sell for 99,000. But Fairway Lawyers have mentioned the law changed 4-5 years ago to tighten up on abuses, so maybe that's got something to do with it.

Who has been advising you so far on this? Presumably a lawyer you are not entirely confident with? Don't blame you for seeking a second opinion. There's two lawyers posted already on this thread, so why not get in touch with one of them to find out how they may be able to help you? By the way, where is the property?

Good luck - I hope you can sort it out soon.



_______________________

 

"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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29 May 2009 3:59 PM by wardy1424 Star rating. 6 posts Send private message

riviera del sol





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12 May 2013 9:47 AM by Feeg Star rating. 37 posts Send private message

Is a VPO property for rent only to low income Spaniards, or for any low income UK pensioner?





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12 May 2013 6:05 PM by johnzx Star rating in Spain. 5242 posts Send private message

La Vivienda de Protección Oficial (VPO, también conocida como Vivienda con Protección Pública o Vivienda Protegida) es un tipo de vivienda de precio limitado y, casi siempre, parcialmente subvencionada por la administración pública española.
 
El objetivo de la VPO es favorecer que los ciudadanos con rentas más bajas puedan adquirir o arrendar viviendas dignas y adecuadas a unos precios asequibles a sus posibilidades.
 
Las distintas Comunidades Autónomas han legislado sobre esta materia, por lo que no existe un régimen uniforme en todo el territorio nacional. Las explicaciones que siguen a continuación reflejan en general sólo el régimen de las VPO que se acogen a los Planes de Vivienda del Estado.
 
 
Bing Translation
 
Official protection housing (also known as housing with public or protected housing VPO) is a type of limited-priced housing and, almost always, partially subsidised by the Spanish public administration.

The objective of the VPO is to encourage citizens with lower incomes to be able to purchase or lease housing which is reasonable and dgnified, at prices affordable to them.

The different autonomous communities have legislated on the matter, so there is no uniform system throughout the national territory.





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