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Advise on closed terrace

Posted: Sat Aug 5, 2023 10:12am
8 replies164 views4 members subscribed
Gordeb

Posts: 7

Location: Daya Nueva

Joined: 23 Jun 2023

Hi, my husband & I have recently purchased a top floor apartment in Deya nueva. The property has a closed terrace with sliding patio doors, (put in by previous owner.)

We've been told that to get a habitation license that the terrace doors have to be removed due to circulation rules & the law.

Has anyone else had this problem? 

How much is a habitation license?

How long does a habitation license last for?

I would appreciate it if anyone can give me some feedback 😊 

marcliff

Posted: Sat Aug 5, 2023 10:19am

marcliff

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Posts: 1696

2058 helpful points

Location: Rojales

Joined: 5 Jan 2023

Posted: Sat Aug 5, 2023 10:19am

The people who sold you the property should have provided a habitation license before selling the property. 

The cost could be up to 300 euro although most municipalities cost a lot less. 

Re the sliding doors, who told you they needed to be removed? Normally they are not classed as a permanent fixture and, as long as the urbanisation have given permission, they may not need planning permission. If others have had them fitted then they are deemed as acceptable on an urbanisation.

Your solicitor who did the house transfer should have ensured a habitation certificate was in place and the initial one lasts for 10 years and should be in date when selling. 

Sligogent

Posted: Sat Aug 5, 2023 10:32am

Sligogent

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Posts: 1046

571 helpful points

Location: Torrevieja

Joined: 31 Jan 2021

Posted: Sat Aug 5, 2023 10:32am

Gordeb wrote on Sat Aug 5, 2023 10:12am:

Hi, my husband & I have recently purchased a top floor apartment in Deya nueva. The property has a closed terrace with sliding patio doors, (put in by previous owner.)

We've been told that to get a habitation license that the terrace doors have to be removed due to circulation rules & the law....

...

Has anyone else had this problem? 

How much is a habitation license?

How long does a habitation license last for?

I would appreciate it if anyone can give me some feedback 😊 

Contact  your Solicitors  immediately, It  should  have been  included  in Sale process. It may not be an issue  but I  Contact  your Solicitors  to make sure making any decisions 

Best of luck 👍 

Gordeb

Posted: Sat Aug 5, 2023 12:45pm

Gordeb

Original Poster

Posts: 7

Location: Daya Nueva

Joined: 23 Jun 2023

Posted: Sat Aug 5, 2023 12:45pm

marcliff wrote on Sat Aug 5, 2023 10:19am:

The people who sold you the property should have provided a habitation license before selling the property. 

The cost could be up to 300 euro although most municipalities cost a lot less. 

Re the sliding doors, who told you they needed to be removed? Normally they are not classed as a permanent fixture and, as long as the urbanisation have given permission, they may not need planning permission. If others have had them fitted then they are deemed as acceptable on an urbanisation.

Your solicitor who did the house transfer should have ensured a habitation certificate was in place and the initial one lasts for 10 years and should be in date when selling. 

Thanks for your reply. I should have said we are in the process of buying as we haven't completed yet. In the process of that I'm assuming the town hall architect has gone round inside and stated that the glazed enclosure inhibits the airflow to the terrace and needs to be removed to provide adequate ventilation. They've also requested the removal of the fixed tongue and groove roof on the roof top pergola. Both of these have been requested for the issue of the habitation license. A shame as they both look nice as they are. They've been in place for a long time as far as I can work out and the apartment two doors down also has the terrace glazed (all be it with the bi-fold type) Confused, we certainly are.

janiceroquero

Posted: Sat Aug 5, 2023 1:06pm

janiceroquero

Very helpful member

Posts: 780

518 helpful points

Location: Santa Pola

Joined: 21 Aug 2020

Posted: Sat Aug 5, 2023 1:06pm

Hi there. Don't assume anything. Get your solicitor to sort everything out with the owner before you  go ahead. There are plenty of properties on the market, if it's not this one there will be another one that is without problems.

Good luck. J

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Sligogent

Posted: Sat Aug 5, 2023 1:57pm

Sligogent

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Posts: 1046

571 helpful points

Location: Torrevieja

Joined: 31 Jan 2021

Posted: Sat Aug 5, 2023 1:57pm

Gordeb wrote on Sat Aug 5, 2023 12:45pm:

Thanks for your reply. I should have said we are in the process of buying as we haven't completed yet. In the process of that I'm assuming the town hall architect has gone round inside and stated that the glazed enclosure inhibits the airflow to the terrace and needs to be removed to provide adeq...

...uate ventilation. They've also requested the removal of the fixed tongue and groove roof on the roof top pergola. Both of these have been requested for the issue of the habitation license. A shame as they both look nice as they are. They've been in place for a long time as far as I can work out and the apartment two doors down also has the terrace glazed (all be it with the bi-fold type) Confused, we certainly are.

Listen to  your  Solicitors   buy the property  with  your  head  not  your  heart ♥. Walk  away if  need  be. There  plenty  of  fish in sea the same with property 

marcliff

Posted: Sat Aug 5, 2023 2:18pm

marcliff

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Posts: 1696

2058 helpful points

Location: Rojales

Joined: 5 Jan 2023

Posted: Sat Aug 5, 2023 2:18pm

If the sellers get the habitation certificate by either legalising the works or having them removed before you complete then fine.

If not, as others have said, look elsewhere.

PeterPan

Posted: Sat Aug 5, 2023 7:32pm

PeterPan

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Posts: 641

582 helpful points

Location: Almoradí

Joined: 1 Aug 2020

Posted: Sat Aug 5, 2023 7:32pm

Gordeb wrote on Sat Aug 5, 2023 12:45pm:

Thanks for your reply. I should have said we are in the process of buying as we haven't completed yet. In the process of that I'm assuming the town hall architect has gone round inside and stated that the glazed enclosure inhibits the airflow to the terrace and needs to be removed to provide adeq...

...uate ventilation. They've also requested the removal of the fixed tongue and groove roof on the roof top pergola. Both of these have been requested for the issue of the habitation license. A shame as they both look nice as they are. They've been in place for a long time as far as I can work out and the apartment two doors down also has the terrace glazed (all be it with the bi-fold type) Confused, we certainly are.

If you haven't yet bought the property (completed & signed at the notary) then it's the seller that needs to legalise or remove the glazed in balcony & pergola. It's also the seller that needs to arrange for the habitation certificate. 

I would discuss this with your solicitor and make sure that the habitation certificate is in place before you complete.

Kimmy11

Posted: Sun Aug 6, 2023 9:13am

Kimmy11

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Posts: 6870

12564 helpful points

Joined: 8 Aug 2017

Posted: Sun Aug 6, 2023 9:13am

Hi Gordeb,

The Certificate of (first) Habitation will have been issued by the builders, when the property was originally built.  It lasts 10 years and then a further certificate should have been applied for by the owners.  In reality, this is rarely done and it's usually the sale of a property that triggers the owners to apply for the renewal.  Many owners won't bother, because either they don't realise they need to do it, or they hope that a prospective purchaser will sort it out.  However, their estate agent should know and should ensure that such documentation is in place before placing a property on the market.  Likewise, for changes and additions to property made without Town Hall and/or Community permission.  By the way, even if retrospective planning permission can be obtained for the closed-in terrace, this is likely to trigger a reassessment of the IBI (Council Tax) bill and the Town Hall can claim increased tax and fines going back up to 4 years - you should make any such liability the responsibility of the vendor

These things are not the responsibility of a prospective purchaser, they are the responsibility of the vendor.  Either make it a condition of purchase that these things are corrected/updated at the vendor's cost, or walk away.

Kind regards, 

Kim

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