17 Jun 2007 10:11 AM:

Hi again,

yes Berni and Mick this is not to be Final Handing over of the site therefore we all have a little time to respond in due course.

Our local Solicitor has just advised on the procedure leading to handing over of  an  Urbanisation which has has two distinct phases i.e. firstly, with the Notary / Land Registry and secondly with the Council - as follows:

First Phase Notary / Land Registry:

1. Builder notifies the Project Architect that they consider they are complete.If the Architects agree then  the Architects issues the  Certificate of FInal Building (CFB) Possibly our Outstanding / Snags Lists I would have thought should come out at this point, i.e. before the Architects application for the CFB ?
2. The CFB & a copy of the Building Licence (issued prior to start of constructions) are then taken to the College of Architects of the County, where the CFB is stamped.
3. The stamped copy of the CFB is then taken to the Notary along with a copy of the Builders 10 year insurance warranty where the builder grants a declaration of a New Building Declaration Deed ( NBCD) This deed includes all the residents properties contained within the urbanisation, with their own description details and the Community Of Owner's General Rules.
4. The NBCD is then taken to the Land Registry where the reference number for the plot (where the Urbanisation is located) changes.A new reference number is then given to each owners property. At this point it is generally considered that the Builder can start final completions with each purchaser of property within the urbanisation.

Second Phase - with the Council:

1. Starts with the NBCD being taken to the Council where the Architects and the Council check that the property accomplished the Building Licence and if agreed Council issue the Certificate of Habitation.

Considering the above my Solicitor has mentioned that the AGM called for by the Builder for the 28th does not mean that the Builder is about to leave the site but that the Community Owners start working (see item 3 above) My Solicitor has also advsied that until all the properties  are complete, the Builder will be considered as the owner of the properties ? I think what is meant here is that until all of the above process is completed ?

If someone else also wants to cross check or advise on the above for accuracy.?

If all is as above or otherwise would envisge that the Builder cannot progress until they have the Community formed and a copy of our General Rules. 

As I also have from our Solicitor the Builder cannot complete unless all the properties have finally completed.

We may  therefore have a little time on our hands to draw up full outstanding / deficiency lists but I would have thought possibly before the Architect issues the CFB ?

I believe the AGM would be a good time for somone to ask if the Architect has commenced his final inspections prior to seeking the CFB and that we would wish to draw attention to any outstanding works and major deficiences prior to the Architect applying for the CFB. Remember the Architect of course may well have been appointed by the Builder !! 

As mentioned I will certainly have a good look around on our arrival at No 36 on the 9th July.If any other community member wants to join me - perhaps a couple of beers thereafter ! !      

All the very best meantime,

Andy

 

Community thread: Multicurrency Mortgages

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16 Jun 2007 7:20 AM:

Hi again everyone,

thanks Mick for your response noted.

I would certainly be cautious in signing off for acceptance of  the site without firstly objectively carrying out a full external inspection as to approved the plans / drawings and specifications  and advising Golf Invest in writing to have the outstanding and defective items completed first.I was there on the 11th May and there were still major outstanding items such as pavements to complete in addition to the pool problem, which I have also previously commented on.

As to the apartment blocks - The under garages  Reinforced Concrete structure (Concrete support columns (Stilts) and Beams) that supports the apartment blocks requires extensive making good where there is clearly voided (large and small holes) and grout loss (not fully compacted concreting works) evident to the concrete throughout.The strength of the structure I have no doubt will not be  impaired but if proper repairs are not attended to now this could in the future lead to chloride attack problems to the steel reinforcement, below the voided surface, which in turn through time would lead to rusting decay of the reinforcement.What the builder has done is painted over the voids without firstly cutting out the worst voids to solid concrete (and filling the smaller voids) then making good with a proprietry concrete repair material. When I discussed with this problem with the  Builder's Foreman in February he had acknowledged that  further work was no doubt required.From my experience I would say It would be best that we agree on proper repairs to the voids first then once completed say 2 coats of external masonry paint (such as Sandtex or Dulux Weathershied) throughout all the apartment blocks supporting structures. 

As I mentioned unfortunately we will not arrive until the 9th July however I would be more than willing to assist the other members of our community in conducting  a full  site survey (with approved plans available) identifying outstanding and workmanship items for the Builders urgent attention.This survey would be independent for protection of  the interests of our community and of course completely free of charge.  

Best Regards Meantime,

Andy Robertson (MRICS, MCIOB, FICW)

Community thread: Multicurrency Mortgages

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15 Jun 2007 11:41 AM:

Hi everyone and thanks Bernie for the further information regarding the Builder calling for an AGM.

Regarding the Builder requesting an AGM on the 28th June I am not sure what the Builder has outstanding regarding Incomplete hard and soft landscape works around our community as firstly I haved not had the opportunity to fully examine the external groundworks plans and secondly, we will not arrive until 9th July.I would have thought if the Builder wants to complete on the site the community property owners would need to confer to draw up a list of incomplete works and any Deficiences (snags) that require fixing.This before the community owners agree the builders are complete and they leave the site.The pool in particular requires looking at what was on the Town Hall approved drawings as to what has been provided ?

Also, who would know what the situation is regarding how many of us including our property at No 36 have not completed yet and de-snagged.Should the meeting not be called by the buiilder when we have all completed to give all of the owners the opportunity to attend or be represented at the meeting? Also how many residents that have completed may not be aware of the meeting called for the 28th June? I check our excellent  message board on a regular basis and would not have been aware of the meeting otherwise.There must be a large proportion of holiday owners and residents who do not use the message board and are perhaps out of Spain at the moment.I wonder if these particular owners have been notified and are aware of this meeting ?

Best Regards Meantime,

Andy

Community thread: Multicurrency Mortgages

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08 Jun 2007 10:45 AM:

Hi Everyone,

Wondered if there was any further progress with putting the Pool to use? If you look closely at the Photo that I posted last month there are very thin  timber decking tiles to the perimeter and below the top level of the pool creating a trip hazzard..Can't quite fathom what the builder has attempted to do here and if indeed they have completed as they intended? Also what about completion of the step ladders into the pool? If the work remains incomplete (we are set to complete on No 36) I will ask our Solicitor to request what is going on.

Is there any outstanding issue on Insurance that could prevent putting the pool into use ? 

Regarding Homes and Contents Insurance is this done through the Community by E.G. way of pro rata contributing to a block Insurance or do we do this privately.Can anyone please advise and if we have to go privately for Insurance, any recommendations? 

Regards,

Andy

Community thread: The Pool

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22 Dec 2006 9:48 PM:

Cheers Bernie & Greetings also from Andy & Margaret.Hopefully see you in the New Year sometime.
Community thread: Euro Select Estates

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