This is just what the legal dept of Marbella Town Hall told Sofia approx 1 month ago! We have been in touch with other purchasers of the lower blocks to warn them of this possibility as the person at the Town Hall said “No one should make any more payments to the developers yet” These people contacted their lawyers with this info and just last week/end had reports back from their lawyers that indicated, yes there was a problem. But, one person who emailed me this morning said they spoke to someone at Eralia yesterday who told him that there was no problem, that people still move in without a license of first occupation, that they can sell it on without a LFH, and that they were sure they would eventually get the license!! Lots of people were (ignorantly?) completing. 😯
Just to make it very clear to purchasers of the lower blocks at Santa Maria Green Hills:-
The lawyer in the legal department at Town Planning told us over a month ago that the building licence (covering the upper and lower blocks) is suspended
This lawyer told us it is suspended indefinitely until it goes to court which could take up to a couple of years.
She also confirmed that purchasers should not pay a penny more until this is sorted out.
Eralia are still trying to convince purchasers (as recently as this morning!) that any problems with the building licence is only a hiccup and that purchasers can go ahead and complete without worrying.
This is not true, and any purchaser will not be granted a licence of first occupation (therefore no electricity, water etc.)
So be warned.
Sofia
In our law firm we always recommend not to buy a property without the LFO, I’ve posted that many times over. Albeit some clients just wish to plod ahead regardless of our advice.I cannot speak on behalf of other lawyers/law firms.
And If you do complete eventually without said LFO, we practice a retention. Not only do you not get water, electricity, gas, telephone line etc but you may also have problems with your mortgage because banks reject properties without LFO.
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