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Thread: The Licence of First Occupation Explained

  1. #71
    savo
    Guest

    Default The Licence of First Occupation Explained

    iam trying to get my LFO from the twon hall in vinuella there are 20 houses in our commuity 19 have got electric and ours has not and we need the LFO to get it but our laywer says she cant get it from them?can you help

  2. #72
    Pamela Harte
    Guest

    Default The Licence of First Occupation Explained

    A friend of mine is selling their property near Torrevieja and have been told by the Estate Agent that there was a new law about 18 months ago that states that the Habitation Licence is valid for only 5 years and that they will need to obtain a new one in order to sell. Is this true?

  3. #73
    Claire A
    Guest

    Default The Licence of First Occupation Explained

    We are in the process of buying a village house (approx 100 years old) however we have discovered the square footage listed on the deeds do not reflect the property square footage. We have asked the vendors solicitors to get the deeds corrected. To do this we have been told that a Licence of First Occupation is requried. Is this correct? If not what is required to get this done?

  4. #74
    Senior Member
    Join Date
    Oct 2008
    Posts
    139

    Default

    Quote Originally Posted by Claire A View Post
    We are in the process of buying a village house (approx 100 years old) however we have discovered the square footage listed on the deeds do not reflect the property square footage. We have asked the vendors solicitors to get the deeds corrected. To do this we have been told that a Licence of First Occupation is requried. Is this correct? If not what is required to get this done?
    Claire, if the reality of whast is built exceeds by more than 20% of the registered size, the vendors will have to follow a special registration procedure. This is not a problem normally and can be done with an updated Town Hall certificate, but it will attract some costs. If the difference is less, then the procedure is far simpler.
    Antonio Flores
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  5. #75
    JudyM
    Guest

    Default The Licence of First Occupation Explained

    I am in the process of selling an 9 year old apartment and was asked for copy of Licence of First Occupation. Couldn't find the copy amongst all the original paperwork and noted that you can get a copy for FREE from Urbanismo at the Ayuntamiento. In fact, this cost €80 euros in Mijas and €45 in Marbella. And you have to supply photocopy of Escritura.

  6. #76
    Rogers
    Guest

    Default The Licence of First Occupation Explained

    I have been waiting to complete on an apartment in Alicante which I have a valid contract on .My solicitor said I should not complete on the property which was ready 23/8/2011 last year .as it had no Habitacion cert.

    The solicitor seems to have gone out of business and on enquiries to the builder who is still solvent they sent a notice to complete in February 2012 when the eventually got the Habitacion certificate .

    They sent it registered post accidentally to another customer so they received no reply from me, and assumed we had defaulted

    Now they say they cannot complete as an embargo has gone on my apartment by a creditor and they are saying its my fault and I will have to go to Court to remove it

    As we have paid almost the whole build money I am worried about losing the money . I said they should do it

    what id the procedure please.

  7. #77

    Default

    Hello Rogers,

    If you never completed on the sale, the property can be seized by the bank if the developer has been embargoed. If you wish to complete, you can ask the current owner (developer or any other person that is now the registered owner of the property) to clear the embargo and get the property in the right order to be sold, so you can complete on the sale.

    I recommend you to contact you solicitor, so he can inform you on the next step. If he is unable to continue with your file ( you mention he seems to be out of business ), you can ask him to pass on your file to another solicitor that can carry out the work.

    If you wish you can contact me to look into it in detail ( click on my profile ).

    Regards,
    Last edited by Patricia; 11-22-2012 at 02:52 PM.
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  8. #78
    Rogers
    Guest

    Default The Licence of First Occupation Explained

    Thks very much

    The developer is still in business and has offered to give another house to the claimants to
    clear the embargo but the claimants have refused. They know we have paid fo the house but obviously dont trust the developer.

    The developer says he cant help us anymore and it up to us to clear the embargo!!

    I think its cheaper to embargo another property of theirs as they are still building
    at least maybe that an idea.

  9. #79
    Holly
    Guest

    Default The Licence of First Occupation Explained

    Can anyone please give me the latest development on the LFO situation regarding La Reserva De Marbella.
    We have been paying IBI and taxes since 2005. We have had all the Utililities since 2005. I have a copy of the Builder's LFO application for three months stamped by Marbella Town Hall. We were told by our Lawyer that there was a "hold up" with the Town Hall issuing the document but led to believe that it was on it's way when we completed in 2005.
    We are on the PGOU and as far as we know have been recognised as legal after finding out in 2006 that we were not, due to our developer building on land illegally.
    This has now resulted in the value of our properties drastically falling because we still do not have the LFO and any buyer will use this and pay cash because the banks are not lending without the LFO.

    I have read that our development is still going through the courts do you know why and what happens next please. Also more worrying will the owners be liable to pay compensation?

    How long do cases like ours drag on?

    The staff at the Planning Department in Marbella just say to enjoy our properties and that there is nothing to worry about? Is it worth another visit to them or are they as much in the darkl as us seven years on!

    Thank you.
    Kind regards
    Holly

  10. #80

    Default

    Hello Holly,

    As you have already completed on the purchase, I am afraid that there is not much that can be done at this stage, as you were told the LPO was not in place and you, at the time, took the risk to complete on the sale, considering the implications ( Lack of LPO making it more difficult to sell ).

    Today, it is certainly true the administrative situation of the development has changed and that those dwelling have a conditioned LPO, being the conditions that of meeting certain urban requirements. Also, we agree that the market value of the properties in that development has dropped, if compared to the selling expectations by the time you bought your house.

    There are many legal actions taking place against LA RESERVA DE MARBELLA and our Law firm handles many of them, though they are cases where the sale was never completed, so they are different cases to yours.

    Once you have completed on the purchase, the possibilities to render it void are very small as you decided to complete even being aware of the license situation ( or at least aware of the implications not having the LPO would have). I believe, in accordance with our experience, that starting some kind of legal case in your situation would have very reduced chances of success, considering you bought the property back in 2005 in your free will.

    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

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