[Anonymous]

we are trying to sell our apartment and have been asked for a habitation certificate. does any one know how or where to aquire this certificate.

[Inez]

Ask your lawyer for this – is your property an existing one or is it an off plan unit as if offplan, then the LFO wont be ready yet.

Your lawyer will be your best bet, otherwise its off to the town hall for it!

[Anonymous]

many thanks for the relpy. the property is 5 years old but we were never supplied with this certificate.its only now that we want to sell the apartment that we are being asked for it.unfortunatly we do not live in spain and can only get to the town hall maybe once a year. once again its a nightmare.

[mariadecastro]

ASk your lawyer who should be able to clarify this for you. He can ask developre for this too. It you have bee paying your own electricity, water… bills is quite probable you have got a habitation license.

[Anonymous]

How is it possible to provide a habitation certificate for a property that has been legitimately registered via the certificate of antiquity route. Many properties exist that do not have, and will never have, habitation certificates but have nevertheless been properly registered by virtue of their age.

[Anonymous]

The certificate that you get from the developers are handed over to the Electricity/water company. Why would the lawyer ( if used should have it ) have it. If a lawyer is not used and the buyer dealt with the purchase him/herself, than who should have it ?????.

[Anonymous]

The owner of the property should have it in their dossier of property document originals. The utility companies don´t get the originals. The town hall will be able to issue a replacement, assuming of course that there is one in the first place.

[mariadecastro]

Yes, as the legitimate owner of the property ask the Planning department of the Tawn Hall for this, or ask your lawyer to do so.

[Anonymous]

We apparently are the legitimate owners of a property. We have a registered escritura, pay IBI, have a mortgage. However, we cannot get a habitation certificate as the planning dept say that our house is not legal. Our developer did not obtain permissions to build but managed to sell it to us anyway (long story!).
We seem stuck in a difficult situation, neither totally legal nor totally illegal. What can we do?
The Urbanismo office told me this in September this year. Our original lawyer does not think there should be a problem but we seem to be getting different answers all the time.

[Anonymous]

Fran
Welcome to the club of thousands. 😥
The reason you keep getting different answers is because they havent a clue how to come up with the right one. 😕
To much past corruption,to many trying to screw us again in trying to get some sort of financial gain while we are left high and dry. 🙁
Its clear that for tooo many reasons no one ( not even the solicitors)can see an end to it and it may take a massive financial collapse in the market or European intervention may be the answer.(my solicitors suggestion as the corruption is to deep)
With things like they are at the moment unless they move their arses and they clearly wont then think it will end up being the first and the market forces will take its course. 😥
Answer Fran.? Worry and fight with the rest of us.and try to keep as positive as you can 😥 🙂

Frank 8)

[mariadecastro]

Fran:

It would be good to have track of any ( if exisiting) procedure ( administrative or judicial) against the developer and protect your rights as good faith third party.

So… you get the property registered? You have got a Nota Simple? I would like to see it. It is proffessionally interesting.

[Anonymous]

Hi Maria,

I have pm’d you.

Regards, Fran

[mariadecastro]

I find it proffessionally interesting as I want to see how the property was registered without a Work License. Therefore I will be able to see the strong your rights are acording to the notes of its registration in the Land Registry.

[Author]

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