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A friend of mine has just tried to sell the porperty that they bought 3 years ago to discover that the property has been built ilegally & I need help to advise her what to do
The property is in Orhiuela Costa, El Galan is a detached property build on an urbanisation and was built by Tecnologica and was buit 5 years ago. She purchased it 3 years ago as a resales and has a mortgage on the property
The bank wanted a Certificate of Habitation fror the buyer to get a mortgage with CAM so she approached the builder and the Town Hall where she found applications but no certificate
She then went to the bank whi gave her the mortgage to be told that they have discovered that the build is ilegal, that there is no building license and that the builder built too many propertues. The bank denies any responsibility and so does the lawyer
The sales has obviously broke down and the advise we now need is the best way to proceed, sue the builder and the lawyer or what
She is very upset as she has already moved out as the sales was supposed to be a formality, the Nortary appointment was booked & the buyer had paid their deposit
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Would suggest your client needs a good independent lawyer to take a 2 prong approach. One would be to go through the original purchase and mortgage agreements of 3 years ago to see what action can be taken against builder or original lawyer and bank. At the same time it should be investigated if the Ayuntamiento and any other authority, such as SUMA, would be willing to assist or co-operate in trying to have the property legalised, if at all possible. I assume your client has been paying property taxes and if so the property has to be registered somewhere in the town hall and/or rates department.Has has your client managed regarding utilities without a habitation certificate?
Good Luck
Terry English
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This is where it gets interesting
She has legal water with bills but it is still in the name of the previous owner
She has builders electricity but not sure who’s picking up the cost fr that
I don’t believe that she has been paying SUMA but I am checking
and finally if anybidy knows a giid independant lawyer in the Torrevieja area that would be gret but they seem to be rarer than hens teeth, she’s already called 6 and nine of them are interested in helping her
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I have now confirmed she does pay SUMA
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The bank wanted a Certificate of Habitation fror the buyer to get a mortgage with CAM so she approached the builder and the Town Hall where she found applications but no certificate
Has she checked that there is no building licence at the town hall? I have seen evidence that LFO’s can take as long as five years to appear and it this could be the Bank over reacting.
Regards
Paul
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If property taxes are being paid you should be able to obtain a certificate from SUMA (Catastral office) describing the details they have of the property which may help with your discussions with the town hall. With regard to the water bills I would suggest you contact the water supplier also and scheck what details they have on file regarding the property since normally they require deocumentation before agreeing a supply.
Good Luck
Terry English
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