First Occupation Licence – how long should it take to obtain?

Spanish Property Insight Forums Spanish Property Forums Property Questions & Answers First Occupation Licence – how long should it take to obtain?

This topic contains 3 replies, has 4 voices, and was last updated by  Yolanda P. – Ypama Abogados 3 months ago.

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  • #219831

    Pamela
    Participant

    Can anyone offer advice on the time it takes to obtain a First Occupation Licence for an older property and what is the usual practice by Lawyers for obtaining this documentation as part of property transactions? After almost a year, we are still waiting to receive this Licence and without it we are unable to register with the Tourist Authority.

    We wrongly assumed that our Lawyer had all this in hand. They said that it was an essential part of the legal documentation and said they would withhold 500€ from the vendors until they had produced the Licence of First Occupation. So, we were confident that this safeguarded the timely production of this certificate on our behalf. However, when the Lawyers couldn’t produce this documentation after a number of months, with the reason given that the vendors had not provided the Town Hall with the necessary information, we then discovered that the 500€ had only been withheld by the Lawyers until the vendors had provided documentary evidence that they had applied for the First Occupation Licence and not actually received it. So, now there is no urgency for the vendors or the Lawyer to produce the required information for the Town Hall and we have no control over the process. We are frustrated and not sure what else we can do!

  • #222054

    GillP
    Participant

    I would also like to know if it is legal for lawyers to sell a property which does not have a first occupation licence. It was brough in 13 years ago. What happened before that?

  • #223971

    Melosine
    Participant

    There is a “well known “ urbanisation of more than 3000 properties in Murcia where no-one has this licence. According to the law these properties cannot legally be sold..butthey are…and constantly.
    Personally think it ill advised to buy without one.
    12 years ago when the building industry in Murcia was booming the ayuntamientos where overloaded with paperwork and we had to wait 4 years. Now,for a new build,it should only be a few months whilst checking the boletins

  • #225042

    Hi both,

    First of all, it is not ilegal to sell a house without First Licence Occupation (FLO). Otherwise, the purchase would have been stopped by the Notary.

    Secondly, about the time to obtain the FLO, it is not possible to give a general answer. It will depend on the Town Hall where the house is (work load of the Urban Department) and the kind of problem of the house itself.

    My advice is: 1- either hire a lawyer specialized in urban issues; or – 2 – ask for an appointment in the Town Hall (urban department) and ask why the FLO is being delayed for so long.

    Kind regards

    Yolanda Palencia

    http://www.ypamaabogados.com

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