Property Registration - Page 3

We went to the water and electricity offices ourselves, with every possible bit of documentation in triplicate and although we spoke very little Spanish, by using DeepL on the office computer, we got both sorted on the day.

Thanks Ray,

What would I have done without this forum! You and the other helpful subscribers have been a Godsend. It would have taken me ages to get even a small part of this information without you all. 

A heartfelt thank you,

Janice

Thanks.

Must be a different supplier, Hidraqua say that it can't be done.

Hi Kim, I haven’t had any answer at all from my lawyer. I do not have contact details for the vendors and the agent that first took me to see the house did not answer at least three of my e-mails asking for updates until I e-mailed the two brothers who are the owners of the agency. 

I sent, upon the lawyer’s request, the sum of €5000 to her. 

On the contract I signed with one of the nominated owners (at the lawyer’s and drawn up by her) it states

 “...that the vendor undertakes to present documentation demonstrating that the property is up to date in all payments of tributes, taxes, water, electricity & gas payments etc., will be free of any charges, rental agreements, taxes, expenses, etc., corresponding its CADASTRAL AND REGISTRY DESCRIPTION WITH THE REAL AND INSCRIBED CONSTRUCTION COMPLETE AND IN PERFECT FULFILMENT OF THE URBAN AND CONSTRUCTION LAWS, WITH HABITATION CERTIFICATE AND ENERGY CERTIFICATE AND BEING THE VENDORS THE COMPLETE OWNERS IN THE LAND REGISTRY, WITHOUT ANY KIND OF LIMITATIONS.” and the Spanish version corresponds perfectly with this. So it does look like I can push a little here, but I want then to procure the certification before we conclude the sale. I do not want to be responsible for doing so.  

If I don’t hear from the lawyer, by tomorrow morning, I will write and say that as it does not seem like the vendors are doing anything to get the property legal, and I do NOT accept to purchase the property as it is, lacking necessary paperwork, I will withdraw my offer and request the return of my deposit. How about that?

The lawyer has assured me that she is not working for the vendors but it appears strange to me that she is pushing me to accept this as normal.

Anyway, I wait for their answer. 

Thanks again, 

Janice

Ray, how long ago was this please?

It really is a matter of individual choice. Any rural property built on less than 10,000 2 of land was built illegally, as were many properties on certain urbanizations but they have been bought and sold legally over the years. The lack of a Habitacion Certificate is generally reflected in the price of the property and as long as you know how to obtain the licence, and budget for it, the increase in value of the property can exceed the costs involved and opens the property up to more potential buyers should it be sold in the future.

We wanted a country house with some land but we didn't want 10,000 m2. We wanted privacy, we got it, we wanted views, we got them, (practically the whole of the Segura basin and even a sea view on clear days), we wanted peace and quiet, we got it, we wanted to be linked to a traditional Spanish town, we are. The risk, as I saw it, was; after all these years will there be enough political stability in Valencia for long enough, with enough support, to demolish roughly 400,000 such properties owned mainly by Spanish nationals and to take a hit on all the lost IBI, property taxes, local spending etc? It would crucify rural communities where the towns and villages are still in recovery from the crash if nobody was coming in to buy these homes vacated usually by older Spanish nationals moving to the towns to be closer to younger relatives.

Talking to ex-pats in town, one has just re-sold her country property without an HC after 15 years of living there, another has bought and sold a couple of times without HC, others, many having been here over 15 years, have no intention of trying to get one and the Spanish don't see the need at all.

It would be really interesting to hear if anyone has managed to get a deposit returned due to the lack of a Habitacion Certificate. It is not illegal to sell it without so I really can't see how the contract formed when the deposit was paid can be overturned unless there was a special proviso written into it.
Edit, having now read the contract, there doesn't seem to be any argument there, you must be due double your money back if the vendors refuse to stick to the terms of the contract. Your solicitor, having drafted this contract, is the person you need to lean on.

Hi Ray, 

Thank you for coming to my rescue again. Yes, as the Habitation Certificate is mentioned in the contract I signed with Mrs. Vendor, she was sitting next to me and read what was written and she seemed pretty clued up on the legalities as they had already bought and sold another property before buying this one. So I presumed there was no problem. She had already mentioned that they bought this property without the assistance of a lawyer, trusting the person (another Brit) who was selling to them. 

However, I could do without the complications and the probability of not obtaining the certificate so I will insist it is done. Quite honestly, I would consider paying part towards the costs, but as the property was listed as furnished then they dropped the bombshell that they were taking everything and the price did not alter, so I don’t think I will offer to pay anything. Bye, 

Janice

Cheryl,

I do understand your reasoning, but I have to consider that I am no spring chicken, and in the event of my death, my two kids of 33 and 26 years would inherit and not know the first thing about legalities in Spain so I would like this all put in place before I disappear. 

Mrs. Vendor checked out what she signed at the lawyer’s so she must have realised that they would have to fulfil the ‘obligations’ she signed for. Even if I could get double back on my deposit, I would prefer them just to get on with and obtain the paperwork that’s missing. 

Otherwise, I’d like the original deposit back in my hands and I’ll look for something else. I have spent too much time and money so far with agents and lawyers who don’t like following the rules or at least updating me and looking for a solution.

Thanks again, Cheryl.

Jan

Absolutely Janice. I started writing my reply some time ago, got distracted, and hadn't seen your post about the contract before actually posting it.
As Mrs Vendor appears to have been duped herself when she bought it, it could be she was hoping this bit would slip under the radar and you would get so close to completing that you wouldn't pull out. You didn't mention Mrs Vendor having a solicitor, I know my vendor didn't use one and it cost us a few delays but with that contract you have a legal right to twice your deposit back if they don't get everything in place within a reasonable time so it may be much cheaper for them to get the HC done and dusted.
I'll keep my fingers crossed for you.

Thanks, Cheryl. 

You and so many others have been of great assistance to me on this forum and have put my mind at rest. I can’t wait to come and live in Spain but I am willing to wait until everything is in place before proceeding. 

Let’s see what the lawyer says!!!!

I will bet you all a dinner that she contacts Mrs. Vendor to get them moving!! Ha ha.

Janice