[Anonymous]

Please can I have some advice on which stage of development that the Community of Owners should takeover the running of a new urbanisation?

If Habitation Certificates have not been issued because the infrastructure is incomplete on all areas of the urbanisation, and the developers are still building, should the Community of Owners take over or should the promoter still be responsible for maintaining the site?

Many thanks.

[Anonymous]

Your query is self-explanatory Mrs Tilly.

Obviously the developer should still be responsible. If the LFO hasn’t been granted yet, no one ought to be completing.

[Anonymous]

Hi Drakan,

Unfortunately we have been put in a position (along with several hundred others) where the option to complete without the Habitation Certificate was the lesser of the available evils. Murcia seems to be a law unto itself in this aspect of development.

We did take this to court but with a combination of three dodgy lawyers and the vagaries of the Spanish court system we achieved nothing but the loss of a few thousand euros. The risk that we may also lose the house if the developer became financially unstable due to licencing problems on their second development limited our options somewhat.

We have made complaints to:
1) Oficina Municipal de Informacion al Consumidor (OMIC),Cartagena, Murcia
2) Senor Ramón Luís Valcárcel, Presidente de la Comunidad Autónoma de Murcia
3) Ilustre Colegio de Abagodos de Murcia

None of these have responded, but I will report back on this forum when (if!) they do.

So, in these circumstances, do you consider that a Community of Owners should be running the site, or should the promoter be responsible until the infrastructure is complete to the satisfaction of the Town Hall?

Many thanks.

[mariadecastro]

Ask a lawyer in your area but yes, in my opinion it may be a good thing to be done.

Best,

[Anonymous]

The developer cannot apply for a FLO because the work “is still going on” qouting you Mrs Tilly.

To apply for the LFO first you need the Certificate of End of works and have this inscribed at the Land Registry.

If the construction is ongoing on the site , no LFO (=cédula habitabilidad) can be applied for by the developer yet until all is fished.

Have I understood your problem or am I missing something ? Why did you litigate ?

[Anonymous]

@Drakan wrote:

If the construction is ongoing on the site , no LFO (=cédula habitabilidad) can be applied for by the developer yet until all is fished.

Sorry Drakan, couldnt resist it, some have swallowed the bait hook, line, and sinker

Jim

[Anonymous]

Hi Maria,

Thank you for your reply. Can I ask you to clarify – is that ‘yes’ that the developer should be responsible or the owners?

Hi Drakan,

I probably didn’t explain it very well. The urbanisation has been in progress since 2000 and the first houses completed in 2002. Hundreds of houses have been handed over and people have been living there since 2002 but the urbanisation is not complete, there are new houses still being built and more planned.

The promotors have applied to the Town Hall for LFOs for the completed houses but they will not issue them because the infrastructure is not finished.

[Anonymous]

In that case you have to be patient and wait until it is finished to apply for LFO.

[Anonymous]

Hi Drakan,

We took legal action as at the time we were expected to complete there was no LFO and no golf course. This was over a year after the contractual completion date at which time there was no building licence either!

Some people are having to be very patient – 4 years plus without a LFO on this development.

But as to my original question – who should be responsible for the upkeep of the urbanisation (security, streetlighting, road cleaning etc) during this period, the developer who is still working on the site or the owners?

Thanks

[Author]

Posts