The Licence of First Occupation Explained

[marcia]

How do I legalise a kitchen extension that is not on my escuturia built 8 years ago, before I sell my property.

[aflores]

Hello,

You are required to have an architect state that the works are more than 4 years old and that not administrative proceedings have been brough about by the Town Hall.

With the above certificate you have to go the Notary request him to issue a declaration of news works, which will be signed by you, and have it then registered.

Application taxes here are of 1% of the value you give to the kitchen, within reason (avoiding unrealistically high values).

[Ideal Country Property]

We have several clients who wish to sell their fincas in CoÃ*n and AlhaurÃ*n el Grande; they are all having problems due to a lack of First Occupation Licence. As an example, the property is a detached villa built on rustic land within the municipality of CoÃ*n; there is a swimming pool and outbuildings which are all registered on the Nota Simple and appear on the escritura, the Catastro information is correct and the IBI has been paid up to date. As with 99% of rustic properties this house never had a LFO however the buyer's lawyer is insisting that the purchase could not go ahead without it. The only other possibility is to get a certificate from the town hall in CoÃ*n to state that they do not have any outstanding issues with the property. (certificado de inexistencia de epediente sancionador). Coin town hall are flatly refusing to issue any such certificate for this or any other property. The same problem arises in most of the inland towns, some town halls are still giving the certificate, some are charging up to 7,000 Euros for it but in this case the owner cannot sell and the buyer cannot get the house they want. Are you familiar with this problem and can you offer any solution?

[aflores]

Hello Ideal Country Homes, greetings from Marbella!

You are right, if you have the property registered and you have a certificate proving that there is no disciplinary action taken against these properties, you dont need a license of occupancy. This is because the following concur:

1- Town Halls dont wish to sign papers on rural properties, even if these have become fully legal, because it is not required on these type of properties. Also, they have opted now for a minimum-as-possible intervention on rural properties.

2- License of occupancy is not applicable on properties that are registered and become legal by passing of time, that is, after 4 years have passed since construction was finished without the Town Hall having started disciplinary action. Town Halls HAVE to issue these certificates if indeed there have been no "expedientes" opened.

3- The above is not applicable where these properties are built on land of special protection.

All the above is pursuant to the LOUA and the Reglamento de Disciplina Urbanistica.

If your buyers have queries they can opt for one of the following:

a- Get a lawyer to sign a document stating that nothing will happen to these properties, indicating the details of profesional indemnity insurance backing him/her, alongside a certificate from the Town Hall stating that no action was taken in the last 4 years (Certificado de Inexistencia de Expediente Sancionador AND Prescripcion Urbanistica).
b- Go to the Andalusian Government to obtain a certificate stating that the properties are indeed legal (this may take very long).
c- Ultimately buy somewhere else.

[Ideal Country Property]

Hi Antonio thanks for your reply. One question. How do we MAKE Coin town hall issue the certificate if thay are refusing to do so?

[Mark]

Hello

What an interesting site! I hope you can help with my query. We have been living in a new build villa on an urbanizacion here just outside Alicante for 5 years. We have got our Licencia de Primera Ocupacion and have the utility bills in our name as well as our IBI.
My question is, one of our neghbours (who has the same documentation as us) is currently selling their property and have been told they need to also have a Final De Obras and 10 year guarantee document - which none of us have. I understood that by being given the Licencia de Primera Ocupacion, this was all that was needed. Could you clarify please?
Many thanks

[Steve Cartwright]

Hi, I completed on a property 5 years ago which didn't have a LFO. I hadn't realised at this point there was any issue. Although our apartment was deemed illegal it has, according to the newspaper (SUR 15/6/10) been awarded licences. How do I go about confirming that a licence exists. Someone has said the developer needs to re-apply and give land back. This is very confusing and it would be greatto get a real answer.
Thanks

[lesley cheeseman]

Hi we have an off plan property in Llanos del pearle near Zurgenia our builder has installed individual electricity meters and we are paying him for the electricity direct but the water is niw being supplyed by the local farmer at 40 euros a month there are still two houses that need to be built yet so we still have builders electric but we are now being forced to pay for the water and electric The farmer will not give us a recipt for the money as he is selling his agricultural water illegally and so not declairing this ,his son also works closly with the local mayor of Zurgenia can anyone advise us as our solicitor and our neigbours solicitors seem usless .Is allof Spain corrupt

[Patricia]

Dear Ms. Cheeseman,

Welcome to the belegal forum.

I am afraid that you are now in a very unconfortable situation as the title deeds should not be signed until the indvidualised water and electricity installations are properly set up. There are significant works that need to be done in order to do the installations, being these of a high cost for the builder, and therefore the solution for your concern is in the hands of the builder.

Regards,

[Pamela Harte]

We commissioned a villa in 2002, we completed in 2004, we obtained our first licence of occupation dated June 2007. We have now received 4 years backdated rates from the Town Hall. My question relates to non residence (renta) tax, from what year is this payable, ie from the date of completion on the escritura or from the date of Licence of First Occupation.