May 29, 2005 at 9:57 pm #51111
I am about to complete on a new build property in Nueva Andalucia. I am being encoraged to complete by the developer although we have not received the so called “cerificate of first occupier residency” which authorises the connection of utility services.
My lawyer says this is common in this area of Spain as there is a backlog at the authorities at the town Hall in Marbella. They are persuading me that it is common to complete without this certificate and that it is a formality. The developer has said that they will provide temporary services until the certificate is received.
Should I go ahead?
May 30, 2005 at 7:32 am #58297
Estate agents, lawyers,developers, builders, will tell you anything they like…to get your money.! Do your own independent research. IMO, I would never take any body at their word in Spain after our experiences. Get everything they are telling you put in writing on headed paper from whom you are dealing with. If they renege on this ,there is still nothing you can do to enforce it, except sue them, and in Spain, this can take years! Meanwhile, they have your money…you have a piece of worthless paper in your hand. If I sound cynical, bitter and twisted….it because I am! My husband and I have learned from bitter experience, not to trust these “1st class” Estate agents, Lawyers, Developers!!
May 30, 2005 at 8:19 am #58298
It is only when the necessary certificates of building completion (fin de obra) and of 1st occupation (primer ocupacion) have been issued, that the escritura for the sale can be finalised and the sale notarised.
The buyer does not own any part of the property until the sale is finalised.
May 30, 2005 at 10:18 am #58300
The lawyers her will tell you anything, I know someone who was advised to go ahead with the purchase and is still waiting for utilities and relies on the developer for electric and water after 29 months. He cannot sell because he still doesn’t have an escritura.
May 30, 2005 at 5:53 pm #58305
Dear Terry and “guest”,
first of all sorry to hear about the problems that “guest” ( well , if you don’t identify yourself we have to call you guest ) have had with his property in Spain, but let me say that is very unfair to generalise and say that “lawyers will tell you anything ” to get your money, you should have said that you are not happy with YOUR lawyer and that YOUR lawyer did so ans so wrong…but please don’t say in a forum that all lawyers will do as your lawyer has.
As far as I know the vast majority of my colleagues in Málaga Province are good professionals and honest and will defend the client’s ( no matter the nationality ) interests.
instead of accusing unfairly to all lawyers, have you reported at the lawyers association ( Colegio de Abogados ) ?, have you claimed at the consumers office ?
About your question, Terry, my opinion ( and so I have done when I have had a similar case ) the title deeds shouldn’t be signed and the balance of the price not paid to the developer if the certificate of first occupation ( cedula de habitabilidad ó primera ocupación ) is not ready. The andalucian law says clearly that you can not get contracts with the water noard or electricity company if you don’t have the cedula de primera ocupación, is as clear as that. The developer will not bother if there are problems later on unless is an honest and serious developer. The consequences can be : A) the several companies can cut off the suplies when you are just moving in B) the Coucil could inspect the building and force everybody to move out until the license is given , I have heard of this happening yet but everybody should know that it can happen.
I don’t mean to give instructions to your lawyer , I am just giving my opinion so please don’t tell your lawyer that you have been consulting with another lawyer …
Jose Maria Sánchez Alfonso
Lawyer / Abogado
Costa del Sol, Málaga
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