June 8, 2006 at 12:25 pm #51887
We asked our solicitor for a copy of the Certificate of Occupation and they emailed a one page document on plain paper which appears to be part of a document, not a stand-alone certificate. There is a GMU Crown logo at the top of the page (Gerencia de Urbanismo) and the name of someone at the GMU and the word Resolucion. At the bottom it has La Secretaria Delegada de la Gerencia.
I expected it to be on letterhead, with a signature block at the bottom rather than a typed name and typed date and to have a heading of Licencia de Primera Ocupacion or similar.
Having read so many awful accounts on the forums I am beginning to doubt anything anyone tells me.
Many thanks for your help.
June 8, 2006 at 1:15 pm #62682
It depends on the Local Town. Every Local Town has its own format. Your lawyer can check it out. It will need to have a file number, a record of the application process, signatures, seal… And of course it is granted by the GMU which is the Local Town´s Office of Planning Management.
June 9, 2006 at 6:19 pm #62730
Thank you Maria for your response.
We completed today. I have asked a friend for a translation of the paperwork the solicitor sent to us. Our solicitors are organising for the utilities to be connected so they better have a certificate of occupation!
June 10, 2006 at 7:47 am #62735
I hope so for your sake allyson. I am still confused over ‘completion’ and the ‘certificate of occupation’.
A friend told me that he was pressured into completing because the town hall were about to issue this certificate. But when he did complete; the certificate still didn’t appear for ages. He believes he was conned into completing quickly, before he had a chance to fly out and fulfil a last inspection.
What is the connection then? Are the developers or lawyers using this certificate as a pressure tool to get purchasers to cough up the final sum?
I was told that you only EVER complete on a sale if the conditions of your property are completely satisfactory and the standard has been met according to contract.
Forgive me for being a little confused, maybe someone can shed some light!
June 13, 2006 at 10:05 pm #62796
The cedula or certificate of first occupation is a document from the council confirming that the building and its infrastructure meet the terms agreed in the building project – and that the builder has paid all fees due to the council.
Councils can be a little slow in issuing this certificate and this can be a source of great frustration for the builder who naturally feels that the building is finished and so wants to collect his money and move on.
Nevertheless, it is a brave, or misinformed, buyer who completes without having a copy of the certificate in his hand because there are an infinite number of things that can go wrong and prevent the certicate being issued.
No certificate – no water or electricity or gas.
June 14, 2006 at 7:50 am #62799
So the builders cannot start on the next project until the cedula is issued on the previous project? Good! At least thats some consolation.
What irks me is that even estate agents aren’t being truthful about situations because they only care about making a sale too.
There is only one house left unsold in our street and has been on the market for ages, and I hear that an expat couple have gone into offer. They have no idea of the problems we are going through over the delay of this certificate and the developers are painting rosy pictures about the place and saying ‘dont worry, the certificate is being issued’ – YEAH RIGHT!
A far cry from the real truth. This poor couple will probably be pressed now to complete and then walk into the same nightmare as the rest of us. They come to view the house and don’t stop to think about asking any of the residents if we have any problems. Don’t they see all the extension cables running along the pavement into peoples houses? Don’t they ask ‘how long have these people been living there and under what condition?’ No one tells the viewers that we have been illegally using the water supply for over half a year because of the jackass legal system.
And you know why? I have watched from my window and seen the estate agents get potential buyers in and out so quickly they don’t get a chance to fart in the street let alone stop to look around and consider talking to the neighbours, cos they have no idea what the hell goes on. So the sellers lead the buyers like goats into a field and quickly brainwash them into parting with their cash.
It’s disgusting and proof to me (as if i need any further proof) that they don’t sell you a ‘home’ in Spain, they sell you the idea as lavishly as possible. Step 2 (the best part for them) is to fill up their pockets real quick, then poo all over your legal rights; leaving you to rot in your house over some pathetic piece of paper from the Town hall.
Which by the way if I ever catch sight of I will frame and create a shrine with candles!!!!
Sorry allyson, I just get sick of all the injustice and like the others I really hope that things will come out right for you also, can’t blame you for being suspicious about your certificate.
June 14, 2006 at 9:39 am #62807
The builder is free to begin another project anytime as he has already collected his money from the buyers.
You can do something to stop others being swindled.
Put a banner outside your house – saying Warning – Don’t Buy on this Street. Or, if you see an agent outside, go right up and speak to the clients and tell them the truth. Tell them that the agent already knows the situation and ask if the agent had explained the situation to them. The agent’s credibility will vanish into thin air. Do this and agents will stop visiting and this will put more pressure on the developer.
June 14, 2006 at 7:49 pm #62823
I agree with Rawlins Carla, you should start running out of the house the moment you see a potential buyer and tell them all your problems..it would definetly put me of buying there! Good luck anyway, your house looks beautiful from the pictures, its a shame you can’t enjoy it properly yet!
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