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We have recently put down a deposit and signed a reservation contract to complete by the end of Feb in on a property in Punta Prima which we were told was a one bedroom, ground floor apartment.
On visiting the property, we have now found out that it is a studio with a bedroom added (where the kitchen was) and extension built, to allow for the kitchen.
This has also been confirmed by our solicitor in Spain. The solicitor also advised us that the extension was not registered on the deeds and also the habitation certificate has expired and a new one needs to be applied for.
The issue is that the town hall and the community may not give permission for the habitation certificate to be issued due to the extension but the general meeting for the community is not till August.
A couple of questions:
- The solicitor is still pushing for us to complete at the end of Feb but we have been advised that no notary will sign completion without a hab certificate, is this true?
- Our agent advised that you dont need planning permission for an aluminium built extension only brick, is this true?
- Can the seller keep the deposit although there is no way we can complete so the contract is void?
- the solicitor is still waiting for the energy performance certificate, how important is this?
Any advise would be really appreciated
Many Thanks
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We are in the same boat as you but our solicitor advised not to complete until the appropriate architect report is done and the vendor has the permission from the urbanisation that they agree on additions to the property which the urbanisation may or may not do. My advice do not complete until you have all appropriate certs/permissions. Regarding your deposit in our case we were mislead we asked several times was planning obtained for third bedroom and pool we were told yes, but they had not so we may still walk away and our solicitor has advised we are entitled to our deposit because all was not as it was advertised.
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Cant answer all your questions but I can answer some from recent experience:
I have never heard of a habitation certificate expiring. But, when alterations are made to a dwelling the owner needs to get a new licence of first habitation. Not having one is not a reason for the Notary not to complete the transaction. But, if having paid in full for the property you cant retrospectively obtain a licence of first habitation, the property becomes sale proof…you are stuck with it forever.
Our agent advised that you don’t need planning permission for an aluminium built extension only brick, is this true?
No, not generally true. The general rule is that if the additions are built from totally ‘natural’ materials such as wood they only require a minor building licence (easy to obtain). Brick, metal, concrete etc. require architects plans and a major building licence (harder, much longer to obtain, more expensive). Getting a licence of first habitation after the work is done is very problematic because the work is illegal.
the solicitor is still waiting for the energy performance certificate, how important is this?
We have just sold a house in Malaga and the ‘energy’ certificate was mandatory for the transaction to proceed. It was cheap, about 150 Euros and is the responsibility of the vendor.
Why would you buy a house without a licence of first habitation. That is asking for trouble. The Ayuntamiento may refuse you a licence or put you on the back burner for years. Its a foolish move. You must have an incredibly bad lawyer or a bent lawyer that is really working for the vendor. Get a new lawyer and demand your deposit back. Why would you buy a problem when there are thousands of genuine bargains on offer.
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Hi joness33
About point 1 . I do recommend you to ask for the hab certificate, but the Notary don’t care about it. You can buy and sell properties without it. (Lot’s of properties in Spain don’t have it) If the property has supplies, like water, electricity and gas, you’ll have no problem. If one day, for any reason, the power company removes the counter (let’s say because you don’t pay any bill), then you will not be allowed to get a new one without the hab certificate. In that case you will be in trouble. May be is just expired. In that case the vendor will get a new one easily.- False. May be you don’t need a project but as you increase the size of the property, you may ask for permission in Town Hall. If that was done without license, your property is out of order.
3. Did you set on the Option Contract something like “The vendor recognize all is legal, including the extension”. and The vendor will deliver the hab certificate?. In this case I do understand you have the right to decide if you want to move forward or you want your money back.
4. Yes. This certificate is mandatory in any purchase. So, Notary will ask for it. Getting the certificate takes 2 days and costs more or less 12o euros.
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