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I’m pretty sure that I have read many many legal opinions, on this forum and others, that have said that water and electricity connections cannot be contracted without the Habitation Certificate (Licence of First Occupation).
The first half of our urbanisation have now been granted Habitation Certificates and are being connected to mains water and charged accordingly for a metered supply (metered and charged by Aqualia but payable to the developer). The rest of us, on the half of the urbanisation which do not have Habitation Certificates and have no prospect of them being issued in any hurry, have also been informed that unless we contract for this water supply and agree to pay by direct debit will have our water supply disconnected this week.
While having no objection to paying for what we use, we have always understood that witholding the Habitation Certificate was the Ayuntamientos only method of ensuring that the developer completes the site infrastructure. What incentive does the developer have to gain the Habitation Certificate if they do not have to supply free services? And is it legal to make these charges?
Would be really grateful for any information.
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Sevillana have to ensure license in place (allegedly) in order to connect otherwise they face a huge fine per property
However, while half your development may get the license, yours could actually be in the pipeline and therefore the authorities are happy to connect. Also if only minor issues to put right again it may not hold things up
Check with your lawyer as he is bound to have the inside on it
Good luck!
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Many thanks for your reply Inez. It makes far more sense than anything I have heard so far.
We have spoken to three lawyers and received three different replies! From past experience I have a natural suspicion of lawyers in our area (Murcia) and have found that the only really sound advice has come from lawyers and others who post on this forum!
Would be very glad to hear any other opinions. Am I right in thinking there is no definitive answer, or is there actually a law in place which would clear this up?
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Hi Tilly dont know the definetive answer, can only speak from experience. A little like you we are on a urbanisation where some properties have now been granted their habitation certificates, we have not, but have had contracts (in our name and address) with Iberdrola and the local water company for nearly a year. I have heard of one urbanisation that is still without certificates 6 years down the line and for no reason other than that the local Ayuntamiento will not start issuing until the whole urbanaisation is finished
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And thats the problem, its so open to interpretation. I have a commercial unit for sale, no LFO but fully licenced with others in the same block being used and having their opening licences issued by the Mijas town hall who should issue the LFO. The opening license cannot be granted without the lfo, but the lfo is held up to 2 very minor issues not really affecting anything, the builder is slowly but surely getting on with it and so the opening L was granted!
Its why you will get 3 differeing answers as they are based on the lawyers experiences and opinions and without all the facts it would be difficult for any lawyer to give you a difinitive answer.
Ideally the file has to get to someone in the area who can study it and make the propert enquiries as surely to town hall at least should know. WOuld it be an idea to go to the foreigners department of the town hall or hire an interpreter to help you with the language and then do it on your own?
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Thanks Jim and Inez,
It’s nice to get some other viewpoints. We have tried the Town Hall route several times before on various issues and though you can get the information that doesn’t mean that the developer takes any notice whatsoever. The councillor who has responsibility for foreigners can’t understand why we think Habitation Certificates are important!
I am beginning to realise that although in theory we are probably correct and the developer is probably acting illegally, that it does us little good. If they cut off our water and we take them to court, we may very well win two years down the line having made our lives thoroughly miserable in the process.
Thanks again.
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I thought it was illegal to pay for a utility, ie water or electricity, through a third party!?
It sounds to me like your developer is doing a dodgy.
Our developer tried this one and without producing a bill tried to charge us over the odds per unit of electricity. We refused to pay without seeing a bill and so got cut off. However the electricity company concerned said that we were right not to pay as this is fraud.
We dont have a habitation cert and so cant have a contract directly yet.Best to check with a reliable, trustworthy solicitor – if you can find one in your area! However, it is a very grey area, of law that is.
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@Inez wrote:
Its why you will get 3 differeing answers as they are based on the lawyers experiences and opinions and without all the facts it would be difficult for any lawyer to give you a difinitive answer.
Como siempre Inez se nota que escribes por experiencia. Cada caso es un mundo y francamante dar reglas generales no es muy recomendable porque siempre hay muchas excepciones.
La normativa es clara la cédula de habitabilidad es necesaria para engancharse a los suministros, otra cosa son los acuerdos a los que se llegue luego entre promotor y cía suministradora. Pero la ley está ahí y debería ser cumplida.
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