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Unregistered
04-30-2010, 06:38 AM
Just what is ? and what does the above do ?

I have every document I can get on my property with the exception of the above ?

Estate Agent require it as proof of NO Debts / Denduncias / Multas / or any of these in the pipeline ?

I was told yesterday by another person who has theirs it is the final proof your property is legal - and the fines / denuncias etc are covered in the Nota Simple ?

Which is the correct interpretation and why would our local council Albox not issue ours despite 3 requests in the last year - It was first applied for at the same time as the LOF which was issued - but the Cert of Exp was not ????

Lawbird Lawyer
04-30-2010, 11:02 AM
Dear Sir or Madam,

I'm sorry, I do not know to what you are referring to.

Yours faithfully,

Unregistered
05-01-2010, 11:55 AM
All the Estate Agents I have approached to sell our property - have said they require a Certificate of Expediente - which as I said in my original posting is issued by the local council and is supposed to prove there are NO Fines / Debts / Dendunias lodged against your property & that there are none in the process of being lodged.

Only this week another person has told me the above requirements are covered by the Nota Simple and the C of Exp is the final Certificate that proves your property is a legal construction. Which is correct.

aflores
05-01-2010, 08:22 PM
Hello,

The nota simple does not cover issues with the license as it has been clearly established by the Spanish Supreme Court that land registry protection is not dispensed to buyers in respect of circumstances sorrounding the legality of licenses (fines, demolition orders, etc.). What you therefore need to get is a certificate from the Town Hall stating that there in the last 4 years no legal action has been brought against the owner of the property, which should be enough (this is called "certificado de antigüedad e inexistencia de expediente disciplinario" by most Town Halls).

In summary, this certificate will cover you and you will be able to sleep properly. If the Town Hall does not wish to issue it get your lawyer to find out why this is case as this would be a reason for concern.