[Anonymous]

Really love this re sale property. Been advised that a First Occupancy Licence is a must to be supplied by vendor. Estate Agent says not. Is this correct.

[Anonymous]

It is probably the most important document that you must have when buying a property in Spain.!! Don’t even consider buying without one. If you have the time, read the most recent threads on the forum. Many people here are in a dreadful situation because their property does not have an LFO. Hope this helps.

[Anonymous]

It is not correct. You will need a Licence. There is plenty on the Forum on the subject.

[Anonymous]

This Agent must know a Licence of Final Occupation is Vital. Best to steer well clear – & not to waste any money in getting more info if there is definitely no LFO. All the best.

[Inez]

All the above replies are correct. Ask to see it and the nota simple of the property then take to your lawyer before handing any money out.

I cant believe you have been told its ok without the license!!

[Anonymous]

Why do you all assume this is a newly built property?! Wendy says it’s a resale property. Could be 1 year old, could be 100 years old. More info required, Wendy.

[Anonymous]

Wouldn’t the advice be the same…old or new..in this precarious day & age?

[Anonymous]

Can you get a mortgage on an apartment without a Final Occupation licence?

[Anonymous]

Of course the advice wouldn’t be the same! The concept of LFO’s is a relatively recent one and so there will be a cut off date before which no such thing would have existed and so it’s pointless looking for one!
You think you’re gonna get an LFO on a house built in the 50’s, 60’s or 70’s? You could all, with the best of intentions, be leading poor Wendy on a wild goose chase. Not everyone is buying new, off-plan or nearly new properties!

[Anonymous]

So the question is Wendy.”.How old is the property you are considering buying?”

The answer will depend on whether it is very old or relatively new!

[Anonymous]

Thanks for the time to respond to my post.

The property is approx 4 years old. It is said to have a 10 years building gaurantee, although we haven’t seen sight of it yet.

The current owners had the property built in a rural location but have said that the FOI was not passed to them by the local council and it is something they did not chase up.

The estate agent says the First occuoancy licence is not applicable once the property has been registered and where exists a Title deed./Nota simple. Our solicitor has the Nota simple but says she has no title deed yet.

Our solicitor says the FOL is a vital document

[Anonymous]

@wendy wrote:

Our solicitor says the FOL is a vital document

This is a rural location so very important that all docs. are in order – and your estate agent obviously just wants the sale/commission regardless.

Personally, I would listen to your solicitor.

[Anonymous]

Hi Wendy

First of all you really need to follow your solicitors advice.

In fairness though the estate agent may be telling the truth. In some town halls it is possible to get a licence of second occuapancy if the place has been occupied for a period determined by the town hall (usually between 3 – 7 years) BUT this is a very shaky road to go down and NOT worth the potential aggravation.(You may be lucky – you probably wnt)

If it doesnt have all the legal dcumentation then leave it alone. There are many houses around and for sure you will find something that is legal.

Regards

Vince

[Anonymous]

Does the property have mains services eg electricity, connected and metered? Have the vendors shown you/your lawyer the latest paid up IBI receipt?

[Anonymous]

Thanks for your help. There is a title deed and nota simple. The owners have now advised that they are prepared to get the FOL retrospectively as it will take about 6 months to come through minimum.

We don’t have the IBI receipt yet although they say they have one and they are also chasing up the builders gaurantee.

Do you think it would be wise to buy and take the chance on the retrospective FOL?

[Anonymous]

I personally,would wait until you have the necessary documents. It’s so difficult getting out of a contract not to say expensive if it all goes wrong and the building does not get an LFO.

[Anonymous]

Dear Wendy

On this occasion I agree with Claire

and you have no idea how rare it is for me to agree with Claire 😉

regards

Paul

[Author]

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