Property Completed. Hab Cert granted BUT still waiting.

 l am sure that is an abusive clause and as such will be null and void. Marie will be able to confirm on this point. Pat.

I am sure she will.  Her responses and opinions are always appreciated.

Hi friendly

I know which development that you are on because we completed in June last year. i was told by the agent (who will be un-named) from the office across the road from the development that the habitation certificate for our apartment had been granted. On this basis we completed. Reading the other messages on here it looks as if I might have made a big mistake. The development is still on the builders supply and when we stayed there in january a lot of the works were not finished, particularly the communal areas. We were told that the builder wanted to get everyone to start paying the community fees from just after the 1st community meeting, however one of the residents insisted that we should not pay anything until all the works were completed. This is all supposed to done by the beginning of April, when the next community meeting is planned, but looking at what needed to be done when we there it didn't look likely. I would recommend that if you get chance go out to Spain to check for yourself.

Or get somebody responsible, experienced and independent to look at it for you!

September 2009 is completion deadline. Automatic extensions are forbidden by the Supreme Court and climate, strikes and burocracy are not considered force majeure byu the Highest Court neither.

Good luck!

Maria 

Thank you Maria.  I was not sure because it was only the apt that had been mentioned on the contract and not the whole development.

An update on the situation.  The builder refuses to accept a cancellation from us to repay our deposit as he argues that the (property is complete), although there is no H.C.  He blames admin at the Town Hall for the delay.  We would need to prove to the courts that the proper conditions had not been met at the end of Sept to grant the H.C.  As for executing our bank guarantee I have been told that the bank would argue the same point as the builder that the (property is complete) so would not pay out our deposit and that we would need to go to court to sue the developer and the bank.  Whatever we decide it will not be our existing solicitor that we will be instructing to take action.  I suppose we also have the option of not turning up for the signing if the H.C. is granted.  I only have the builders word that our apt is complete and as someone in our community suggested that we come out to see the state of the development, we do not have the time to come out again as we did on Sept 09 to find this apt not complete again. 

If there is no Habitation Certificate or First Habitation License, your Bank Guarantee is fully executable, whatever the bank or insurance company say. Of course, whatever the developer says.

Good luck and keep the fight up!

Maria

Hi Friendly. As mentioned before, get somebody responsible and independent to look at the property for you. With a 'snagging' report you should be able to know  definitely whether the property is finished sufficiently  and, if not,  it will provide you with the evidence you require from the court. However,  My understanding is that without a  of first occupation licence the promoter cannot force you to purchase the property as it is not habitable as the electricity and water companies are prohibited from supplying you with that.  It may also depend upon the exact wording of your contract.

By coincidence, I am an RICS chartered surveyor and director of Survey Spain www.surveyspain.com and we carry out building surveys, valuations and snagging surveys  in Andalucia and through the Survey Spain Network anywhere else in  mainland Spain  and the islands.

With apologies to the administrator for the advert, but you do appear to be in need of our services!

I will have an inspection carried out.  What do you mean by saying that it may depend on the exact wording of the contract ?

Some contract will say that you must acquire when the Architect issues the 'Fin de Obras' - stating that he is satisfied that the building work has been completed according to his plans. Like a Building Control certificate in UK as it has to pass through the local Colegio of Architectos. If your contract says that you may have more difficulty in insisting that you only have to acquire when the Licencia de Primera Ocupación is issed, although our legal friends will advise whether that is now an improper condition in a purchase contract. that can be ignored. The LPO is issued by the Ayuntamiento and confirms that the property and whole development has been completed according to the planning permission and building licences issued at the start the development and any variations granted during the development. Also confirms that all the paperwork is in place including the FdeO and Bulitenes (not sure how that's spelt!) confirming that the water/plumbing and electrics have passed all the tests. It's now a criminal offence for a local authority official or politician to issue an improper LPO and that's why there can be long delays and insistance on everything being correct. It's in the buyer's interest.