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Buying without habitation cert

Posted: Sat Apr 28, 2018 12:12pm
54 replies5437 views24 members subscribed
Terrynoon11

Posts: 62

3 helpful points

Location: Catral

Joined: 9 Dec 2017

Hello,

We're buying a country house villa and the estate agent has informed us there's no need for a habitation cert due to the villa being over 10yrs old. Has anyone dealt with this issue before.

Paolo51

Posted: Sat Apr 28, 2018 1:20pm

Paolo51

Very helpful member

Posts: 513

535 helpful points

Location: Orihuela

Joined: 10 Nov 2017

Posted: Sat Apr 28, 2018 1:20pm

Consult your solicitors and let them know, remember the estate agents are salesmen after a sale and if things go wrong you will lose out not them.

Basil brush

Posted: Sat Apr 28, 2018 1:51pm

Basil brush

Helpful member

Posts: 275

223 helpful points

Location: Almoradí

Joined: 9 Apr 2018

Posted: Sat Apr 28, 2018 1:51pm

I think if it’s a legal house the habition is transferred from owner to owner....I think this is an illegal house and part of the legalization in the future requires the habitation certificate so be aware as estate agents are generally only interested in the sale and not the true facts etc even some Solictors do not tell you everything and you need to do your own diligence! All that said it’s not illegal to buy and sell illegal houses without habitition certificates but do beware and it’s all at a certain risk!

starfox

Posted: Sat Apr 28, 2018 3:40pm

starfox

Helpful member

Posts: 86

54 helpful points

Location: Busot

Joined: 16 Feb 2015

Posted: Sat Apr 28, 2018 3:40pm

Some houses will never be able to obtain one, they do get sold however. What you have been told by the agent is complete nonsense though.

This is why it's best to use an independent lawyer, they will be able to spell it out for you

Chellej

Posted: Sat Apr 28, 2018 3:42pm

Posts: 21

18 helpful points

Location: Villena

Joined: 18 Jan 2018

Posted: Sat Apr 28, 2018 3:42pm

Terrynoon11 wrote on Sat Apr 28, 2018 12:12pm:

Hello,

We're buying a country house villa and the estate agent has informed us there's no need for a habitation cert due to the villa being over 10yrs old. Has anyone dealt with this issue before.

Hi

My house, bought 2 months ago is 70 years old .... The previous owners had the habiation certificate, and gave it dir3ctly to me once I told them I would be putting a deposit down, so the 10 year thing doesnt ring true, the sellers of my house were Spanish so if there were any non requirement for this doc they wouldnt have had it 😁.   I would also encourage you to get a non infraction certificate, this document is approx 175€ and it proves that all building works carried out at the point of purchase are legal and acknowledged by the Town Hall.

I would expect your Solicitor to encourage you to do this, as it was common for the Spanish to throw a building up or extend a building without permission, and without the proper documents they can easily come and tell you to take it down, or force you to pay to get it legalised.

Hope this helps

Michelle

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Chellej

Posted: Sat Apr 28, 2018 3:47pm

Posts: 21

18 helpful points

Location: Villena

Joined: 18 Jan 2018

Posted: Sat Apr 28, 2018 3:47pm

Terrynoon11 wrote on Sat Apr 28, 2018 12:12pm:

Hello,

We're buying a country house villa and the estate agent has informed us there's no need for a habitation cert due to the villa being over 10yrs old. Has anyone dealt with this issue before.

Hi

My house, bought 2 months ago is 70 years old .... The previous owners had the habiation certificate, and gave it dir3ctly to me once I told them I would be putting a deposit down, so the 10 year thing doesnt ring true, the sellers of my house were Spanish so if there were any non requirement for this doc they wouldnt have had it 😁.   I would also encourage you to get a non infraction certificate, this document is approx 175€ and it proves that all building works carried out at the point of purchase are legal and acknowledged by the Town Hall.

I would expect your Solicitor to encourage you to do this, as it was common for the Spanish to throw a building up or extend a building without permission, and without the proper documents they can easily come and tell you to take it down, or force you to pay to get it legalised.

Hope this helps

Michelle

Ps are you using the Lawyer of the Estate Agent?  If so stop and use your own, recommended by people already out here .... i recommend SGM they are in Beniofar, Silvia is Spanish, but her english is Muy Bien 😉, she is very thorough and wont take no nonsense.

Pps where is the property you are buying?

walnut

Posted: Sat Apr 28, 2018 4:17pm

Posts: 64

33 helpful points

Location: Benimar

Joined: 21 Dec 2017

Posted: Sat Apr 28, 2018 4:17pm

If the house has no HAB CERT it's illegal. End of! You may never be able to sell it on to anyone....unless they're willing to buy a house like that!

Willy

Posted: Sat Apr 28, 2018 4:24pm

Willy

Helpful member

Posts: 375

235 helpful points

Location: Benijofar

Joined: 26 Feb 2018

Posted: Sat Apr 28, 2018 4:24pm

Terrynoon11 wrote on Sat Apr 28, 2018 12:12pm:

Hello,

We're buying a country house villa and the estate agent has informed us there's no need for a habitation cert due to the villa being over 10yrs old. Has anyone dealt with this issue before.

They are telling you lies ask your solicitor and do not use one they recommend effectively it is worth nothing without one!

jimtaylor

Posted: Sat Apr 28, 2018 4:24pm

jimtaylor

Legendary helpful member

Posts: 5612

8738 helpful points

Location: Mudamiento

Joined: 2 Feb 2017

Posted: Sat Apr 28, 2018 4:24pm

How old is it? For a long time it's been known that there are about 1300 illegal properties in the Catral area, and the process of legalising those that can possibly be legalised grinds on very slowly. Those that are eventually legalised will have to pay significant sums to do this.

If it really is an old property and originally had a habitation certificate to prove it was legal then, provided any changes to the property have also been done legally, it would be possible to get a second occupation license.

If the seller can't produce a license to prove it's legal, and you're not prepared to face legalisation costs in the future of thousands of euros, then I recommend that you walk away from it.

walnut

Posted: Sat Apr 28, 2018 4:46pm

Posts: 64

33 helpful points

Location: Benimar

Joined: 21 Dec 2017

Posted: Sat Apr 28, 2018 4:46pm

Willy wrote on Sat Apr 28, 2018 4:24pm:

They are telling you lies ask your solicitor and do not use one they recommend effectively it is worth nothing without one!

A HAB CERT just like the EPC has a ten year life.

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