First occupancy license and AFO - General property discussion in Zúrgena - Zúrgena forum - Costa de Almería forum in the Almeria province of Spain
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First occupancy license and AFO

Posted: Fri Sep 14, 2018 1:14pm
9 replies287 views6 members subscribed
Michelle

Posts: 75

32 helpful points

Location: Purchena

Joined: 16 Feb 2017

Hi,

We have seen a property we like in Cucador Zurgena and have asked the agents about whether it has a first occupancy licence or an AFO and this was their response.

You have asked about licence of first occupation or AFO, a property ether has one or another. In the new plan general for zurgena, the land is being re classified as urban, there fore on publication of the plan, a licence of occupation can be applied for. I would estimate between 500€ to 1000€ to apply for this, however your solicitor would confirm.

Can anyone offer any further comments or advice please. 

This is going to be a forever home and we want to make sure we have ticked all the boxes. 

Thanks,

Michelle & Richard

Rob20B

Posted: Fri Sep 14, 2018 3:02pm

Rob20B

Helpful member

Posts: 604

462 helpful points

Location: Los Gallardos

Joined: 12 Aug 2016

Posted: Fri Sep 14, 2018 3:02pm

This immediately raises some alarm bells and I would really proceed with caution: the land is not currently urbano but presumably rustico and the re-classification doesn't appear to have happened yet ("the land is being...") meaning it might not actually take place. And the property doesn't appear to have a licence of first occupation. You would need a good lawyer to sort this out and make sure everything is legal - I recommend Mundi Abogados.

Rob
Los Gallardos/Palomares

Rascalmate

Posted: Sat Sep 15, 2018 12:06am

Rascalmate

Helpful member

Posts: 220

290 helpful points

Location: Garrucha

Joined: 28 Nov 2016

Posted: Sat Sep 15, 2018 12:06am

Michelle wrote on Fri Sep 14, 2018 1:14pm:

Hi,

We have seen a property we like in Cucador Zurgena and have asked the agents about whether it has a first occupancy licence or an AFO and this was their response.

You have asked about licence of first occupation or AFO, a property ether has one or another. In the new plan general for zurgena, the land is being re classified as urban, there fore on publication of the plan, a licence of occupation can be applied for. I would estimate between 500€ to 1000€ to apply for this, however your solicitor would confirm.

Can anyone offer any further comments or advice please. 

This is going to be a forever home and we want to make sure we have ticked all the boxes. 

Thanks,

Michelle & Richard

You cannot legally reside in a Spanish Property without a Habitation Licence.

Even though you may have paid lots of hard earned cash without this licence you cannot legally live in that property.

These properties are cheap for a reason.

The "agent" knows all this, knows you can be fined by the Townhall, mega- bucks.

Walk away from this agent and this property unless you want to be conned.

Whatever property you want to buy get independent legal advice off an Abogado. Check he has a Registration Number from a College of Abogados. It is a legal requirement of his Law Society.

Be very careful. 

Thousand's of expats fall for this urban rustic con thinking they can buy this stupendous bargain property cheap.

If its rustic - farmland you have no chance. 

Such changes in land designation do not happen in Spain.

Michelle

Posted: Sun Sep 16, 2018 9:49am

Michelle

Original Poster

Posts: 75

32 helpful points

Location: Purchena

Joined: 16 Feb 2017

Posted: Sun Sep 16, 2018 9:49am

Thank you for your reply. 

Do you have to renew the first occupancy/habitation licence every so often as we’ve heard that you have to do this every ten years?  If so, have Town halls refused to renew or do they have a legal obligation to renew it regardless?

Michelle

Posted: Sun Sep 16, 2018 9:52am

Michelle

Original Poster

Posts: 75

32 helpful points

Location: Purchena

Joined: 16 Feb 2017

Posted: Sun Sep 16, 2018 9:52am

Rob20B wrote on Fri Sep 14, 2018 3:02pm:

This immediately raises some alarm bells and I would really proceed with caution: the land is not currently urbano but presumably rustico and the re-classification doesn't appear to have happened yet ("the land is being...") meaning it might not actually take place. And the property doesn't appea...

...r to have a licence of first occupation. You would need a good lawyer to sort this out and make sure everything is legal - I recommend Mundi Abogados.

Rob
Los Gallardos/Palomares

We like to think that we are cautious but when you are not familiar with Spanish law especially the horror stories in Andalucía it is good to get lots of advice from different people. 

Obviously some people have had good experiences and some bad. 

This is our forever home so it needs to be done right. 

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rt21

Posted: Sun Sep 16, 2018 8:55pm

rt21

Helpful member

Posts: 197

221 helpful points

Location: Chirivel

Joined: 20 Jul 2015

Posted: Sun Sep 16, 2018 8:55pm

Michelle wrote on Fri Sep 14, 2018 1:14pm:

Hi,

We have seen a property we like in Cucador Zurgena and have asked the agents about whether it has a first occupancy licence or an AFO and this was their response.

You have asked about licence of first occupation or AFO, a property ether has one or another. In the new plan general for zurgena, the land is being re classified as urban, there fore on publication of the plan, a licence of occupation can be applied for. I would estimate between 500€ to 1000€ to apply for this, however your solicitor would confirm.

Can anyone offer any further comments or advice please. 

This is going to be a forever home and we want to make sure we have ticked all the boxes. 

Thanks,

Michelle & Richard

As Rob has already pointed out alarm bells ring on this one.

I myself have had experience some years ago of agents and lawyers telling me that land was going to be reclassified as urban and it turned out not to be the case.

There are plenty of legal properties for sale and if it was me I would only buy one that is fully legal.

Its not worth the risk nor the aggravation.

Richard

Michelle

Posted: Sun Sep 16, 2018 9:11pm

Michelle

Original Poster

Posts: 75

32 helpful points

Location: Purchena

Joined: 16 Feb 2017

Posted: Sun Sep 16, 2018 9:11pm

Thanks for the advice. We thought it was a bit iffy!

BobL

Posted: Mon Sep 17, 2018 10:47pm

BobL

Super helpful member

Posts: 2170

1225 helpful points

Location: Mojacar

Joined: 18 Aug 2016

Posted: Mon Sep 17, 2018 10:47pm

Hi,

Given the area / location concerned then if you proceed in this area we would suggest Amanda Oakley of ALO Services, Zurgena. She has had so much experience sorting out problems in this area.

Strongly, strongly recommend.

Dr. Bob and Sandra

Mojacar Playa & Puerto Lumbreras

hobnob

Posted: Tue Feb 21, 2023 3:36pm

Posts: 26

4 helpful points

Location: Arboleas

Joined: 3 Feb 2019

Posted: Tue Feb 21, 2023 3:36pm

Hello there!

We are having a similar AFO problem, I wondered what the outcome was for you?

Kind regards,

Sandra x

MaggieB

Posted: Wed Feb 22, 2023 11:22am

MaggieB

Helpful member

Posts: 308

214 helpful points

Joined: 10 May 2020

Posted: Wed Feb 22, 2023 11:22am

Be very aware.  Costs tend to escalate.  There is always something else to sort out.  Why not go for something that is already legal.  You might buy and then have problems when coming to sell.  Things move slowly in Spain and are expensive if need to resolve issues.  Get strong and reliable legal advice.  You need to stop, think and act with caution.  Best of luck.

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