Property Registration - Page 2

Thank you Kim, you are a gem x

Well, it seems that my lawyer has woken up and given me the full list of what they intend to do about the discrepancies in the paperwork and the method of resolving it all. There will be an architect going to the property with the lawyer so she can see for herself what the physical situation is and everything will be put right and registered with the catastral. I am already in possession of the catastral cartografia. This procedure has already been initiated and the vendor will be responsible for all costs involved.

I still have a few queries before I commit, but slowly and surely things seem to improving!

Thank you all for your help and information which I was able to put to good use to make my lawyer think I am a conveyance expert, lol.

When I eventually manage to move into the property, I owe you all a drink!

Cheers, Janice

I'm so pleased for you Janice and hope that you are in your house asap, just bear in mind that very little of an official nature will happen in August.

Thanks a million Kim. I won’t forget how helpful you have been

xxJan

Thanks, Cheryl,

I will bear that in mind! It would suit me to close in September but I’m only thinking of the currency exchange rate which might improve later on, lol

Thanks so much for your help 

xx Jan

Following all my queries and your very helpful answers and advice, it seemed that everything was proceeding well. 

However this morning I received an e-mail from my lawyer saying that the only item missing was the habitation certificate and that the Villena town hall takes a long time to give one, if they issue it. She also said that the sellers did not have one when they bought the property and it wasn’t a problem for them! She says we can apply for it but there is no guarantee I can get one. 

From what RayD said, it seems absolutely compulsory to have the Habitation Certificate. If this is not forthcoming, can I pull out and reclaim my initial deposit that I paid to the lawyer?

Thank you 

Thank you Kim, 

I will be sending this information to my lawyer immediately. Thank you again for your valuable information.

Janice

There are @ 400,000 such properties in Valencia as a whole with @ 120,000 in Alicante and they get bought and sold regularly. All Town Halls have their own regulations which are subject to change so I would find a local architect who will be experienced with dealing with your particular town hall and speak to them about it. In Albatera, where I am, licences are being issued if you install a new EU approved septic tank. We bought in November 2017 (having rented it on a rent to buy contract since the June) and had the tank installed (via the architect) in January 2018. We are also doing a major reform which delayed the issuing of the certificate but when the architect actually submitted everything to the town hall, we had the licence within a couple of weeks.
Go to your Town Hall and ask them for recommendations for an architect who will be able to advise you but no, unless the contract you signed specifically stated that it was conditional on there being a Habitacion Certificate, you won't get your deposit back.
Having now read Kimmy's post, we changed the electric and water supply to our names without the Habitacion Certificate but the supplies were all still connected, if they have been disconnected, you cannot get reconnected without the HC. This is because in the past, you could get connection without the HC, then the laws were changed so you now cannot get a new connection without one but you can transfer an existing connection.

Thank you so much for this information. I will get this checked out.

much obliged. Janice

Could you clarify how to change the contracts for water and electricity supply from one person to another without the HC please?