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Cucador habitation certificate

Posted: Thu Apr 29, 2021 6:23pm
13 replies607 views5 members subscribed
Billy

Posts: 34

4 helpful points

Location: Zúrgena

Joined: 12 Jan 2021

Hi just been told that most of the properties in and around Cucador do not have a habitation certificate as the process is still being considered by the council. The certificate could cost up to 6000€ (capped) does anyone have any information on this please. Also are the extras (pool and garage) added at point of sale to the title deeds if they were granted planning permission. Thank you

beauly

Posted: Fri Apr 30, 2021 8:52am

beauly

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Posts: 208

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Location: La Alfoquia

Joined: 2 Apr 2018

Posted: Fri Apr 30, 2021 8:52am

Hello. As regards having permission for a pool and a garage, your lawyer should have seen this in the paperwork ….  After your solicitor seeing this they would apply for “retrospective planning permission” which is not that expensive.  €2/300 from memory.  This charge would be set against the seller of the property at the time of forming the sale/payment of the property.  The Town Hall in Zurgena is the place to find out about habitation certificates etc.  Best to make an appointment before hand and ask for Jose Manual from the Town Hall to be present for translation etc.

Alicia 11

Posted: Fri Apr 30, 2021 9:40am

Alicia 11

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Joined: 30 Sep 2019

Posted: Fri Apr 30, 2021 9:40am

it's not the habitation certificates that have to worry you it's the legality of the properties.  Lots of places in that area and in Zugena and Arboleas were built without planning permission on rural land and are still not legal 16 years on.  check with the councils as they know what properties are involved and the costs vary depending on the situation with each area.  Remember that the debts pass with the property so buyer beware.

Billy

Posted: Fri Apr 30, 2021 11:14am

Billy

Original Poster

Posts: 34

4 helpful points

Location: Zúrgena

Joined: 12 Jan 2021

Posted: Fri Apr 30, 2021 11:14am

Thank you for your help awaiting solicitors response good to get this 

Billy

Posted: Fri Apr 30, 2021 11:19am

Billy

Original Poster

Posts: 34

4 helpful points

Location: Zúrgena

Joined: 12 Jan 2021

Posted: Fri Apr 30, 2021 11:19am

Alicia 11 wrote on Fri Apr 30, 2021 9:40am:

it's not the habitation certificates that have to worry you it's the legality of the properties.  Lots of places in that area and in Zugena and Arboleas were built without planning permission on rural land and are still not legal 16 years on.  check with the councils as they know what p...

...roperties are involved and the costs vary depending on the situation with each area.  Remember that the debts pass with the property so buyer beware.

Thank you I would have thought that no habitation certificate means it’s illegal albeit I thought the town halls are in the process of rectifying this problem. I wonder how they have sold so many houses if they are il

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Alicia 11

Posted: Fri Apr 30, 2021 4:06pm

Alicia 11

Super helpful member

Posts: 2110

1786 helpful points

Location: Mojacar

Joined: 30 Sep 2019

Posted: Fri Apr 30, 2021 4:06pm

Billy wrote on Fri Apr 30, 2021 11:19am:

Thank you I would have thought that no habitation certificate means it’s illegal albeit I thought the town halls are in the process of rectifying this problem. I wonder how they have sold so many houses if they are il

some properties have the certificate but are still not legal it's a minefield of bad mishandling in the past.

juanida

Posted: Fri Apr 30, 2021 6:38pm

juanida

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Location: Sorbas

Joined: 25 Feb 2017

Posted: Fri Apr 30, 2021 6:38pm

Billy wrote on Thu Apr 29, 2021 6:23pm:

Hi just been told that most of the properties in and around Cucador do not have a habitation certificate as the process is still being considered by the council. The certificate could cost up to 6000€ (capped) does anyone have any information on this please. Also are the extras (pool and garage...

...) added at point of sale to the title deeds if they were granted planning permission. Thank you

If you bought a new build by which I mean, you are the first owners of a house and it doesn't have a first occupation certificate, it is illegal and legally speaking, shouldn't have been connected to utilities.  It also means that you are not on the catastro and can't be until your house is legalized.  As regards your pool and garage,  even if you have permission they still ought to be registered with the house in the catastral office in Almeria when the house is legal.  It is true that you can have a pool and garage (as in the case of the Priors in Vera) which are competely legal with permission, if the land is in your name even though the house may not be have its first habitation certificate and therefore would certainly be  'illegal'. 

Juliet Diaz

Posted: Sat May 1, 2021 9:39am

Juliet Diaz

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Posts: 243

304 helpful points

Location: Vera Playa

Joined: 23 Aug 2019

Posted: Sat May 1, 2021 9:39am

Billy wrote on Thu Apr 29, 2021 6:23pm:

Hi just been told that most of the properties in and around Cucador do not have a habitation certificate as the process is still being considered by the council. The certificate could cost up to 6000€ (capped) does anyone have any information on this please. Also are the extras (pool and garage...

...) added at point of sale to the title deeds if they were granted planning permission. Thank you

The most important document is the certificate of first occupancy. If it doesn't have this then it doesn't matter about permission for pools or anything else as occupancy will be technically illegal. There are many properties in the area without those certificates which are going through the lengthy and expensive business of trying to obtain them but it is a minefield of difficulties and obstacles. Be very careful.

juanida

Posted: Sat May 1, 2021 11:08am

juanida

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Posts: 733

547 helpful points

Location: Sorbas

Joined: 25 Feb 2017

Posted: Sat May 1, 2021 11:08am

Juliet Diaz wrote on Sat May 1, 2021 9:39am:

The most important document is the certificate of first occupancy. If it doesn't have this then it doesn't matter about permission for pools or anything else as occupancy will be technically illegal. There are many properties in the area without those certificates which are going through the leng...

...thy and expensive business of trying to obtain them but it is a minefield of difficulties and obstacles. Be very careful.

If the land is legally yours, even if it is rustic land there is no reason why you can't have permission from the ayuntamiento for a pool or a garage, or an almacen or you can put a static caravan on it.  You can sell this legally also as a rustic parcela.

However, building a house depends on whether the land is urbanizable or not which does not necessarily coincide with the former and needs planning permission, permission from the town hall and a first occupation certificate to be able to catatastrate and register the property. 

Look at the Priors in Vera who had a house demolished but the pool and garage were untouched.   

Billy

Posted: Sat May 1, 2021 11:10am

Billy

Original Poster

Posts: 34

4 helpful points

Location: Zúrgena

Joined: 12 Jan 2021

Posted: Sat May 1, 2021 11:10am

Thank you for your help much app

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