positive silence

This topic contains 5 replies, has 4 voices, and was last updated by  Anonymous 12 years, 8 months ago.

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  • #52064


    I know this topic has been raised many times but I would be grateful if anybody had any new advice.
    We are buying in Manilva on the costa del sol, our apartment is very near finished,our lawyer(unfortunately recommended by agent) has emailed us to say their is delays in issuing LFO and because of this the developer is using the positive silence rule.
    Can anybody tell me if this rule still applies.

  • #64270


    The simple answer to your question is ‘No’.
    Drakan (lawyer who posts on this forum) wrote the following on the Administrative Silence Rule:

    There are thousands upon thousands of illegal constructions going on. If this silence rule were to be applied then they would all be automatically legal.

    And of course, this is not going to happen, is it !!!!!

    This is why this rule cannot apply anymore to new developments on the Costa del Sol – with all the chaos going on at the Marbella Town Hall.

    The other point to remember: the water/electric/tel. companies won’t connect to a development that doesn’t have a proper issued LFO.
    Being on the temporary builder’s supply as offered by developers can be dangerous (power surges, electrical fires etc., as has already happened).

    Until a proper LFO (licence of first occupation/habitation) is issued, you cannot legally register the property in your name (escritura) – your property will still belong to the lending bank of the development and will have priority over it in case of bankruptcy etc.


  • #64281


    You can register a property without a LFO being granted.

    As long as you complete (and there is no need to have a LFO issued to complete) you will be able to register the property at the Registro de la Propiedad.

  • #64283


    Thank you for all replies.Drakan is it in your opinion adviseable to complete without LFO using the positive silence rule or not? the area is costa del sol.

  • #64284


    Definately not.

  • #64285


    Doesn’t look like the positive silence rule applies here.


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