- This topic has 17 replies, 7 voices, and was last updated 12 years, 6 months ago by
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Just an afterthought.
Being ‘featured’ in the 1986 plan means nothing re. the finished development being ‘totally legal’.
I assume they are just referring to the fact the land was legal to build on.
Many developments have their LFO refused because of overbuild, change in design, change to type of building originally allowed (eg. townhouses instead of villas) etc.
– like a few developments I could name.
But I won’t. 🙂 -
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I had a pm 2 days ago from someone who is trying to get their deposit back from GH. Their case was in Court on Tuesday of this week. Apparently, the developers lawyer is saying GH has an LFO by virtue of “administrative silence”. They asked if I could shed some light on this. I spent ages trying to find the post from Drakan about the AS rule and became cross-eyed going back to page 73 looking for it but gave up in failure! 🙁
Anyway back to SMV, maybe they are trying the same tactic, using the AS rule to say it is legal. Having said that ,our lawyer told us last September that SMV was imminently getting the LFO. So who knows? -
Hi
F.O.L being claimed by the admin silence rule has been accepted rule.
Rules were changed and it will be the courts to decide if its right that one day the developers/Banks,solicitors,councils buyers were working within a system accepted by all parties and then they are not and everything is then illegal.
Not saying what is right or wrong in any of this but deciding in court where the legal line has been crossed and who is going to win or loose will prove a right mess.
Developer will appeal if he looses as he says it is not his fault but the Marbella Council,anyway,the claimant will also appeal if he looses and say its illegal and they dont have to complete and will carry on for years.
I would be amazed if the Banks will hold their hands up and say that its covered under the guarantee and equally the same that the courts would rule against them in this particular development/s
To be safe and to warn everyone what a dreadful situation this forum place on developments in Elviria perhaps it may be a good idea to add them to the black list thread.Just Frank 8)
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One thing Drakan did say on the Administrative Silence rule is “There is no general rule because there are plenty of shades of grey”.
This probably now not only sums up the Admin. Silence rule, but the total Spanish property situation as whole.The theory is the Administrative Silence rule can be applied once a developer has requested the LFO (Licence of First Occupation) and 3 months has passed without being officially inspected. A rule originally brought in to speed things up for overloaded Town Halls and obviously only applied to totally legal building licences.
However, as Drakan also confirmed, in this day and age of so many suspect/illegal licences it can no longer be assumed……otherwise all illegal builds would suddenly become legal by using this rule.
Apparently one way to confirm if the AS rule really has resulted in approval for an LFO for a particular development is for the developer to get his AS application rubber stamped by the Town Hall once the 3 months has passed as at least some sort of proof. However even that is now in question when the Junta can decide to overrule the TH whenever it wants.It’s all a nightmare situation for people involved in purchasing, and not just “a minor problem that will be sorted out on an ongoing basis” as someone suggested recently. 🙄
Don’t hold your breathe, the Junta seems to add to all the uncertainty every week such as Hillybilly’s link yesterday.
http://tinyurl.com/2j2lh2 -
It gets worse! Apparently the Spanish Courts can overrule any law laid down by the Junta. If the Junta says AS is not allowed on certain developments, the Judge can say it is allowed…if he feels like it!!!!!!!!!!!!!! What hope is there?
When it comes to selling these properties, what will happen when the prospective purchaser wants a mortgage, IF their lawyer accepts the AS LFO? If REAs are not selling properties without an LFO how can this AS be acceptable? -
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Hi Claire
Think this is what you are looking for
https://www.spanishpropertyinsight.com/forums/viewtopic.php?p=20706&highlight=#20706
Steve
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Steve! Youre still alive!!!! 😆
My understanding of SMV from my friendly broker is the license is on its way and was only held up do to a type 1 offense – I think its the guard hut or summat
Anyway, he can get mortgages there and the banks would definaltely not lend if there was a serious issue, unless its a really obscure Spanish one! The main lenders are ok with it.
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Steve, thanks for the link. I did see that one but it was a more precise post from Drakan that I was looking for. I may have found it but by then I could not see the wood for the trees. The person I was looking for said he trawled the internet for four hours but could not find a definitive answer to the AS situation. It is a grey area. 😕
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