Help Needed with Ilagak Build

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This topic contains 5 replies, has 3 voices, and was last updated by Profile photo of Anonymous Anonymous 10 years, 3 months ago.

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  • #52176
    Profile photo of Anonymous
    Anonymous
    Participant

    A friend of mine has just tried to sell the porperty that they bought 3 years ago to discover that the property has been built ilegally & I need help to advise her what to do

    The property is in Orhiuela Costa, El Galan is a detached property build on an urbanisation and was built by Tecnologica and was buit 5 years ago. She purchased it 3 years ago as a resales and has a mortgage on the property

    The bank wanted a Certificate of Habitation fror the buyer to get a mortgage with CAM so she approached the builder and the Town Hall where she found applications but no certificate

    She then went to the bank whi gave her the mortgage to be told that they have discovered that the build is ilegal, that there is no building license and that the builder built too many propertues. The bank denies any responsibility and so does the lawyer

    The sales has obviously broke down and the advise we now need is the best way to proceed, sue the builder and the lawyer or what

    She is very upset as she has already moved out as the sales was supposed to be a formality, the Nortary appointment was booked & the buyer had paid their deposit

  • #65308
    Profile photo of Anonymous
    Anonymous
    Participant

    Would suggest your client needs a good independent lawyer to take a 2 prong approach. One would be to go through the original purchase and mortgage agreements of 3 years ago to see what action can be taken against builder or original lawyer and bank. At the same time it should be investigated if the Ayuntamiento and any other authority, such as SUMA, would be willing to assist or co-operate in trying to have the property legalised, if at all possible. I assume your client has been paying property taxes and if so the property has to be registered somewhere in the town hall and/or rates department.Has has your client managed regarding utilities without a habitation certificate?

    Good Luck

    Terry English

  • #65313
    Profile photo of Anonymous
    Anonymous
    Participant

    This is where it gets interesting

    She has legal water with bills but it is still in the name of the previous owner

    She has builders electricity but not sure who’s picking up the cost fr that

    I don’t believe that she has been paying SUMA but I am checking

    and finally if anybidy knows a giid independant lawyer in the Torrevieja area that would be gret but they seem to be rarer than hens teeth, she’s already called 6 and nine of them are interested in helping her

  • #65316
    Profile photo of Anonymous
    Anonymous
    Participant

    I have now confirmed she does pay SUMA

  • #65328
    Profile photo of Anonymous
    Anonymous
    Participant

    The bank wanted a Certificate of Habitation fror the buyer to get a mortgage with CAM so she approached the builder and the Town Hall where she found applications but no certificate

    Has she checked that there is no building licence at the town hall? I have seen evidence that LFO’s can take as long as five years to appear and it this could be the Bank over reacting.

    Regards

    Paul

  • #65362
    Profile photo of Anonymous
    Anonymous
    Participant

    If property taxes are being paid you should be able to obtain a certificate from SUMA (Catastral office) describing the details they have of the property which may help with your discussions with the town hall. With regard to the water bills I would suggest you contact the water supplier also and scheck what details they have on file regarding the property since normally they require deocumentation before agreeing a supply.

    Good Luck

    Terry English

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