May 4, 2009 at 2:57 pm #54949
I obtained the Escritura for my property and paid in full in September 2008. I have now been informed that the Habitation Certificate is available for my property (confirmed via the Ayuntamianto website).
However, the builder is refusing to hand this over until I pay him a back-dated ‘community fee’ of €200 per month, totaling €1400 and counting.
There is no official community at the moment – a meeting is being held this coming weekend to form an official committee with a proper voting process – the builder just decided on this arbitrary figure himself. Based upon the only shared facilities being street lighting, refuse collection and general maintenance of the streets, this €200 per month figure is extortionate.
Therefore many of the residents have refused to pay, the builders response to which is to cut-off electricity and water supplies. Even though he is acting illegally, there appears to be little that can be done in the short term without a prolonged legal battle.
One resolution to this is to circumvent the builder and obtain the necessary paperwork directly from source. My question for the forum is, how do I obtain my Habitation Certificate without involving the developer?
I also understand that to connect to Iberdrola etc. that I will need ‘Boletins’ confirming that the utility installations are fit for purpose. Can someone please inform me of the best course of action to obtain these, again without involving the builder?
My solicitor has been unable to resolve this so far, hence why I’m asking the wider audience.
May 4, 2009 at 9:22 pm #91945
I would not bet on it. I believe that you can go to the Council & they will issue you a duplicate LFO.
May 4, 2009 at 9:44 pm #91947
So you believe that I could obtain my LFO direct from the Town Hall without involving the builder?
What paperwork would I need – Escritura, NIE and Passport?
Any further advice would be greatfully received.
May 4, 2009 at 11:36 pm #91949
As, I said I would not bet on it. So worth a trip to the Council. What papers you need again the Council will be able to tell you or get a Gestor to do it.
Knowing, Spain you will need all the paper work & once you have got it, than your DNA & perhaps your great grandfathers birth certificate along with his NI number.
May 5, 2009 at 9:08 am #91953
First of all I must say that the following is only my opinion based on my experience and not to be taken as fact.
You say that there is no official community at the moment, are you sure about that, often the community is setup once a development is completed by the developer, don’t forget s/he was the owner of all of the properties and often will do this just so s/he can pass on costs by way of community fees to the prospective owners once they have signed. You may find there is a set of statutes and a budget which as an owner you can ask to see. the budget will show you how the 1,400 euro figure was arrived at.
For example I signed for our apartment something like nine months after the first owner moved in, clearly there were costs involved in running the community which because i had not signed I had not paid (or used). So when I got the finial costs from my lawyer there was a charge of 1,000 euros for community fees. While i could not point you to the law i am sure the developer can past on up to two years worth of community fee debt to you. I questioned the cost and was told it was legal and I had to pay. At the time the developer was the president of the community as he had set it up prior to anyone signing and getting a Escritura. He set a budget, produced a set of Statutes all of which were given to me when i asked for them.
By all means check out my view and experience with others, my advice however would be to get a budget and a set of accounts then try to negotiate a reduction.
litigation is a long, dark, painful and expensive road and frankly 1400 euros is just not worth it.
hope this helps
May 5, 2009 at 10:14 am #91955
Paul has raised some practical issues. We all know the difference between the law & its enforcement. No where it more stark than Spain. Check this link out.
May 5, 2009 at 11:44 am #91960
I would have no issue in paying appropriate Community Fees, however, the inital invoice presented by the developer in November stated that the €200 per month was to cover ‘water, electricity and refuse collection’.
Firstly, is it not illegal for a builder to charge for utility supplies prior to the LFO being available?
Secondly, I had a specific clause inserted into my Escritura stating that the builder would supply water and electricity free of charge until the LFO was available, which he is clearly in breach of.
Thirdly, if I am in arrears on the payment of formal community fees, why has the builder’s only response to this has been to cut-off my water and electricity ? Shouldn’t he follow the legal route of levying a charge on my property?
The answer to all of these points is that the builder is acting illegally, knows he has no legal recourse and is now blackmailing residents in to paying this trumped-up community fee by cutting-off their utilities.
The builder set this €200 a month charge without engaging with any of the residents – it could have well been €5000 if he had gone into full dictatorship mode!
I digress – my main issue remains how to obtain the LFO and Boletins without involving the builder.
May 5, 2009 at 12:14 pm #91962
The Boletin may be obtained by using another certified Electrician/company, there will be a cost involved.
I am going through a similar process at the moment where my thieving builder has been paid in full but has not paid the Electrical contractor.
LFO, I can’t say as I think you are part of a development, my place is a stand alone house so I am responsible for that anyway.
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