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Habitation license / AFO?

Posted: Tue May 10, 2022 10:19am
6 replies457 views6 members subscribed
Krawls

Posts: 7

1 helpful points

Location: Mojacar

Joined: 5 Apr 2022

Hi all. We’re in the process of buying a 1990s property on urban land, part of a small Urbanisation. The seller has no First Occupation License and nor does the community administrator. Other than the First Occupation License, the property is properly registered and all utilities are connected however I’d like to get the correct licenses in place so that our ducks are in a row should we need to sell later.

I believe we can apply for a license via the Town Hall if we gather a portfolio of documents, inc. technical drawings by an architect but can anyone clarify what the name of the license we need to apply for actually is - is it a Habitation License or an AFO? I keep being told/reading conflicting info. Has anyone been through the process of sourcing an alternative to a First Occupation License?

Many thanks.

Alicia 11

Posted: Wed May 11, 2022 4:08pm

Alicia 11

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Posts: 2105

1781 helpful points

Location: Mojacar

Joined: 30 Sep 2019

Posted: Wed May 11, 2022 4:08pm

an AFO is a legal document to make a rural property that has been standing for more than 4 years some legal status.  it means the property can be sold as is and can not be changed in anyway.  A first occupation licence is exactly that issued by the townhall to say that the property is fully legal and escritura can be issued.  Does the property have an escritura?  

Juliet Diaz

Posted: Thu May 12, 2022 7:26am

Juliet Diaz

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Posts: 243

304 helpful points

Location: Vera Playa

Joined: 23 Aug 2019

Posted: Thu May 12, 2022 7:26am

Further inland there are many properties without AFOs with owners struggling to obtain them. It's not a straightforward business and can take years if at all. Personally I wouldn't touch such a property.

Addie

Posted: Fri May 20, 2022 9:34am

Posts: 21

6 helpful points

Location: Almería

Joined: 15 Oct 2017

Posted: Fri May 20, 2022 9:34am

Juliet Diaz wrote on Thu May 12, 2022 7:26am:

Further inland there are many properties without AFOs with owners struggling to obtain them. It's not a straightforward business and can take years if at all. Personally I wouldn't touch such a property.

The seller should have the first occupancy license, as it could cost you a lot if money, as it needs a first occupations licence to be registered

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gatoenespana33

Posted: Sun May 29, 2022 11:36pm

Posts: 19

9 helpful points

Location: Sorbas

Joined: 18 Aug 2020

Posted: Sun May 29, 2022 11:36pm

Are you looking to get a First Occupation License copy for a property in Mojacar? In order to rent the property out short term/holiday let?

From recent experience of purchasing a property in Mojacar, the town hall in Mojacar will not issue a duplicate of a First Occupation license. They state that due to records being destroyed in a fire some time ago they are unable to locate the records for the original First Occupation license.

If you are going to live in the property yourself or rent it out long term the first occupation license is not required for anything - only needed if you want to rent it out for short term / holiday lets.

Probably best to email Mojacar town hall to clarify this: [email protected]

Krawls

Posted: Mon May 30, 2022 2:06pm

Krawls

Original Poster

Posts: 7

1 helpful points

Location: Mojacar

Joined: 5 Apr 2022

Posted: Mon May 30, 2022 2:06pm

gatoenespana33 wrote on Sun May 29, 2022 11:36pm:

Are you looking to get a First Occupation License copy for a property in Mojacar? In order to rent the property out short term/holiday let?

From recent experience of purchasing a property in Mojacar, the town hall in Mojacar will not issue a duplicate of a First Occupation license. They state that due to records being destroyed in a fire some time ago they are unable to locate the records for the original First Occupation license....

...

If you are going to live in the property yourself or rent it out long term the first occupation license is not required for anything - only needed if you want to rent it out for short term / holiday lets.

Probably best to email Mojacar town hall to clarify this: [email protected]

Thank you for your reply gatoenespagna33. It’s reassuring to hear that others have been through the same process. Thank you to everyone else who has replied too.  

Yes, our digging around has reached the same conclusion as you have outlined here. We’ve also discovered that rules in Andalucia have changed very recently and it is now also possible to apply for a short-term let tourist license without a First Occupation License. I spoke to a local solicitor who confirmed that they had successfully managed several applications in the last couple of months.

Of course having a First Occupation License is still ideal but it’s good to know that in some circumstances, it’s not vital. 

Susi

Posted: Sat Jun 4, 2022 8:54am

Susi

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Posts: 410

348 helpful points

Location: Mojacar

Joined: 25 Apr 2017

Posted: Sat Jun 4, 2022 8:54am

Having just sold a property which was on urban land,  with full escritura etc. I would get your solicitor to insist that ALL licences are in place for the sale to proceed and that the vendor does this. Its an expensive process and not one you want to be saddled with having to deal with once you are the owner. If the vendor refuses I would walk away from the deal. 

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