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I am buying a new house ready in Sept and the builder has not presented this certiifcate to prevouis buyers on the same site Am I within my rights to refuse to complete on purchase until this cert is presented.
from what I understand you cannot get water and electric connected until you have this cert
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By certificate, do you mean The Licence of First Occupation? If so DO NOT COMPLETE WITHOUT IT. You will not get legal rights to water or electricity. You may not get a mortgage or property insurance. It may even be an illegal build!!
You are right to refuse to complete without it. If your lawyer is any good, he will advise you not to…unless, as in many cases, he is working in favour of the developer. 🙄
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The main incentive for obtaining the cedula from the council is that it confirms that the building meets local planning regulations and it also enables the property owner to contract water and electricity services.
However, the builder may attempt to convince you that in this case it is unneccessary because these services are already connected. If you are inspecting the property at the time he may then run the tap and flick a light switch.
Don’t be fooled. The house will have been temporarily connected during construction and this type of contract is not permanent.
Wait for the cedula. This may frustrate the builder because some councils are unduly slow in issuing cedulas but failure to obtain a cedula will indicate a serious problem. If in doubt, go talk to the council’s planning department – they are usually helpful and direct.
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Be advised that buildings and properties are actually being pulled down in Spain because in some minor cases they are in fact illegal. After the most recent scandals the Spanish Authorities are now sensitive at the public outburst which is weary with all this unsustainable construction and speculation frenzy (and that means losing votes 🙄 ). The laws and means were already there, albeit unused, only now they are actually getting a grip of what’s being going on.
Obtaining a LFO is a guarantee that this won’t be your -unfortunate- case. This guarantees that the construction is fit to be used as a dwelling and complies fully with all local regulations and criteria. Never, ever complete without a LFO no matter what the developer, your lawyer or the REA tells you.
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A friend has just told me that after living in their villa for over two years they still do not have the LFO 😯 They are still on the builders electricity/water supply. The urbanisation is Sierra Blanca country club, on the Istan road and the developers excuse is that they cannot get an LFO until all the urbanisation is completed, at least 40 homes are occupied. anyone know anything about this? They are expensive villas and they did use a lawyer.
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I am involved with an off plan purchase , one day it may get completed !
What can I do if eventually the Developer/Agent put pressure on me to sign without the LFO and have only the builders water and electricity connected ?
The Developer/Agent may come back with the argument that this is only a “temporary” measure until the whole Development is fully completed.
I dont want to lose the property but yet wouldnt want to be relying on builders utilities for ever and a day.
I am using the agents “recommended” lawyer.
How do I stand legally if this argument is used ?
JWHARDING
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