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No occupation licence so no tourism licence

Posted: Sun Feb 4, 2024 3:11pm
3 replies4 members subscribed
Paulnorton03

Posts: 9

Location: Mojacar

Joined: 1 Nov 2023

Hi all I have had an offer accepted on a property in Mojacar Playa but found out it doesn't have an occupation licence which therefore means I can't get a tourism licence. 

Itis a villa with its own private pool but in an older development of 7 villas with a shared driveway access.

The development was completed in 1988 the year before the town hall started keeping records for occupation licences.

I was advised I could hire a surveyor / architect to do a survey and issue a certificate of non infraction which then would enable me to obtain a tourism licence. This I have been told is possible if the property is a stand alone property but as this property is classed as being in a development all 7 villa owners would have to agree to the survey being done on all properties, accept the costs of this and the 1.3% fee of the property value. So this is never going to happen.  

Therefore if I go ahead and buy this property I will have to accept I can only rent it out to friends and family and not commercially.  

Has anyone else had this experience or anything similar? 

Thanks Paul

Alicia 11

Posted: Sun Feb 4, 2024 4:02pm

Alicia 11

Super helpful member

Posts: 2105

1781 helpful points

Location: Mojacar

Joined: 30 Sep 2019

Posted: Sun Feb 4, 2024 4:02pm

walk away and do not pay a deposit you will not succeed in the quest for the licence a good lawyer will advise you the same.  

Always make sure all the relevant paperwork is in place before you part with a penny.

Geordiemark

Posted: Sun Feb 4, 2024 4:10pm

Geordiemark

Helpful member

Posts: 308

294 helpful points

Location: Arboleas

Joined: 22 Oct 2021

Posted: Sun Feb 4, 2024 4:10pm

Paulnorton03 wrote on Sun Feb 4, 2024 3:11pm:

Hi all I have had an offer accepted on a property in Mojacar Playa but found out it doesn't have an occupation licence which therefore means I can't get a tourism licence. 

Itis a villa with its own private pool but in an older development of 7 villas with a shared driveway access.

The development was completed in 1988 the year before the town hall started keeping records for occupation licences.

I was advised I could hire a surveyor / architect to do a survey and issue a certificate of non infraction which then would enable me to obtain a tourism licence. This I have been told is possible if the property is a stand alone property but as this property is classed as being in a development all 7 villa owners would have to agree to the survey being done on all properties, accept the costs of this and the 1.3% fee of the property value. So this is never going to happen.  

Therefore if I go ahead and buy this property I will have to accept I can only rent it out to friends and family and not commercially.  

Has anyone else had this experience or anything similar? 

Thanks Paul

I made some enquiries about purchasing property for holiday lets and decided it was just tooooooo much grief with little chance of turning a profit unless you're prepared to do a lot of the work yourself, bookings/key holding/cleaning etc etc. But my discussions also through up the fact any "rental" to a friend or not that involves you profiting would be looked at as a commercial venture. Get caught and you'd be bent over and done dry by the Spanish authorities.

AngelaH

Posted: Sun Feb 4, 2024 6:53pm

Posts: 37

7 helpful points

Location: Mojacar

Joined: 8 Feb 2022

Posted: Sun Feb 4, 2024 6:53pm

Dear Paul,

You are lucky in that you have been made aware of this Certification.  I feel honor bound to chime in here.  A well known lawyer who I used did not inform me of this when purchasing an older villa. After the purchase of my property, and after she avoiding me for some time (there were many other serious issues that I was not informed of by her), I eventually confronted her about the certification and she told me I didn't need it due to the age of the villa (I have that in writing via email).  I have subsequently found out that it could cost ~8,000 Euros to get this documentation and while I don't rent my property as I live here, it will be an issue in the future when the property is sold.  It is a serious deficit in title and I am still toying with the idea of complaining this lawyer to the Spanish Law Society.  So buyer beware and not all lawyers represent your interests in the way they should despite good reviews on the Forum!!

Good luck!

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