- February 3, 2006 at 11:22 am #51534
This message is principally for bvn but I thought it may also be of general interest.
This morning I spoke to Pepe Villegas(?) in the planning department of the Ayuntamiento with regard to the licence for the above project. This has been applied for by the developer and according to Pepe the application seems OK. However the licence cannot be granted until the Plan General of the Ayuntamiento is fully approved. Firstly you have an “inicial” approval by the Ayuntamiento, anticipated in about one month’s time. The Plan is then open to public comment for a fixed period, normally one month. During this period the public can present objections or comments. It is up to the Ayuntamiento if it makes any modifications to the Plan but it then has to have a 2nd plenum for the “provisional” approval. At this stage the Plan is submitted to the Junta de Andalucia for “definite”. They have given the department of “Obras Publicas” at the “Delegacion Provincial de Granada” the responsibility for this final approval. It is normal however for the people working on the Plan General in the Ayuntamiento to visit and discuss a draft Plan with this final approving authority to avoid any major problems and Pepe Villegas did tell me that the Junta de Andalucio, thus I assume Obras Publicas of Granada, has a copy of the Plan. I spoke to a lady at Obras Publicas but since there are more than 150 Ayuntamientos in Granada she couldn’t confirm whether the Plan of Iznalloz had been discussed or not. As for a time scale, in the Canaries we normally expect up to 8 months after the “provisional” approval for the final approval but, as the lady pointed out, if there are major flaws in the Plan of the Ayuntamiento and modifications/corrections are required then it could take much longer, say 18 months to 2 years. Normally what happens is that Obras Publicas would request comments from all the various interested departments, e.g. Environment, Infrastucture, Water, Roads etc. and at the same time their in house technical and legal teams would study the Plan. These then produce reports and recommendations for the committee which meets to consider and approve the Plan, or send it back with comments. If it is sent back then it is out of the hands of Obras Publicas and entirely up to the Ayuntamiento as to how much time they take to deal with any changes required. As an example, the Ayuntamiento of La Oliva in Fuerteventura in December 2002 sent its plan General to COTMAC, the equivalent approving body in Las Palmaa and in August 2003 the technical department had produced a report of 47 pages and the legal department one of 10 pages. Unfortunately politics got in the way, there was an election, a change in administration and the Plan was withdrawn from COTMAC before the committee sat to consider the 2 reports. Up to now there is still no definitely approved Plan General.
Sorry for going on so long.
Good luck to all
- February 4, 2006 at 1:28 pm #60784
Terry thank you for your kind help , I really appreciate it,wish the agent had not lied to me saying building licence will be in by end week , that was 4monthes ago,there is one strange thing I have not signed any reservation contract odd, but I have given 4000 euros to my indepentdent lawyer, I WONDER IF I AM LEGALLY BINDING,if I have not signed, once again thank you, BVN
- February 5, 2006 at 1:20 pm #60792
Sorry but I am not a lawyer so can only give an opinion. Although you have not signed anything if you have given your word you will buy then this may be binding. However, if the seller has been giving you false information then you could argue any verbal agreement is no longer valid. What does your lawyer say? If he has the money in his client account and there is no binding agreement then he should give you the money back if you wish.
- February 5, 2006 at 6:54 pm #60795
Hello terry ,yes my lawyer said he would transfer money to my account if i wanted, and yes I have a number of emails saying the licence will be here end of week ,or tomorrow, And as my lawyer would not sign any resavation contract with the agent as no licence, they even lied to him saying they have licence ,and the cheek of them tryed to get my lawyer to transfer my resavation fee to them behind my back , but thankfully he called me to let me know what they were up to, when I called agent they deny this, just goes to show never trust what anyone tells you…might hang in a bit longer, if you call this agent they still tell people yes licence in a few weeks same story they got me with 😆 😆 anyway looks like the licence going through the right channels and as it looks like a good development I MIGHT HANG IN THERE
- February 7, 2006 at 4:45 pm #60821
As soon as I find out they are using underhanded tricks to get at my money I would be out of it in a flash,if you cannot trust them now whats it going to be like later.
- February 7, 2006 at 5:16 pm #60825
That is true in what you say , but who can you trust ? and lets face it everyones out to make a buck or a white lie to get a sale, but I think you need to beat them at there own game. But the way I see it you can not beat the banker,And what I NEED TO KNOW IS IF MY LAWYER IS WILLING TO GIVE ME BACK MY RESAVATION FEE WHITCH HE IS,CAN THE AGENT STILL CHASE ME IF I PULL OUT AT A LATTER DATE?
- February 9, 2006 at 2:07 pm #60873
As mentioned before this all depends on what agreements you have, either verbal or in writing and signed, and with whom.
- February 10, 2006 at 9:45 am #60899
hello yes I sent a email, so every thing has been done by e mail I have signed nothing and my lawyer has signed nothing,My lawyer says I can have my resavation fee back if I want but im not sure how i stand if I SENT A EMAIL to agree with buying apartment WITH AGENT
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