Reply To: senorio De Roda – legal advise HELP!


Hi Ian
Don’t worry re. the protection of your money, because at least you have a Bank Guarantee.

If there is a ‘planning issue’ – possibly because this 3rd phase is not on the original building licence, or was granted later through the back door before the corruption thing blew – you are not legally obliged to ever complete without the Licence of First Occupation.
And this will never be issued by the Town Hall if there is an ‘illegality’.

So the worst scenario, if this phase 3 gets ‘stopped’ – you can enforce your Bank Guarantee. This is a lawyer’s procedure where they simply claim on the BG via a ‘registered’ fax to the bank. However, if you want to do this before the enforcement date on the BG, the bank could resist and then you would need to go to court, like we did.
It is not a big deal, but you have to weigh up the time it takes to go to court compared to the time you would have to wait for the BG enforcement date to come round.

If you have a good lawyer, he should be able to check the current status of your building licence with the Town Hall. Ask him to make enquiries.

But your Bank Guarantee is your security – and your story is an excellent example to others as to why obtaining a Bank Guarantee (your legal right) is absolutely essential when purchasing a property in Spain – whatever the situation.