When you sign the purchase of a house, you assume that you acquire a home with all your previous documents, including the occupation license. There are few cases in which real estate has been sold without this permit, or a home without a first occupation license has been deeded. In this post, we inform you in detail about the sale without a license.
Currently, the license of first occupation is essential for the sale and effective purchase of a home, without it, you can proceed to the nullity of the sale. So, can you sell a house without a first occupation license? It is not due. When a house is sold without it, it is usually due to an irregular situation with regard to its urban planning. We are talking about a license of first occupation in any Autonomous Community, as a buyer, you may end up finding yourself in the situation that you can not build or inhabit that property you have bought.
Can you claim after buying a home without a first occupation license?
The law defends the buyer in this case, so that the lack of a first occupancy license cancels the contract for the sale of a home, because it involves the failure to deliver the property when the permit is not granted within a reasonable time, You can claim through lawyers and the seller will be required to return the entire amount paid, as well as court costs and mortgage costs
What happens when my home does not have a license?
When a home is illegal, the appraised value will not pass at best 40% or 45% of its real value. With such a low value, it will not serve as a sufficient guarantee for a mortgage loan. For this, it should reach at least 80%. In these circumstances, it will be impossible to sell to any buyer who needs a mortgage, because the bank will not grant it. On the other hand, if we look at a potential buyer who does not need financing, he will never present an offer above the appraisal value.
If this finally becomes the new owner, will be responsible for it and will have to assume the costs of legalizing housing. It is obvious that you will not want to take risks in your investment. Nor do I think he wants to take care of the problems created by the former owners. All this assuming that this hypothetical buyer remains interested in your home after finding out that it is not legal. In addition, we must not forget the risk of possible sanctions that the Administration can apply in the case of not legalizing housing.
If your house has never had a First Occupation License, the only solution is to regularize this situation. You have to write a Legalization File. At this point, it is inevitable to face the most delicate point: all constructions are not legalizable. In addition, depending on the severity of the case, the cost of legalizing a home can be considerable. You have to study each case individually to determine if it is viable or worth the investment.
The next step is to check if the property to be legalized complies with the applicable regulations. If the answer is positive, you should look for a collegiate Architect and present a Legalization File in the Town Hall. Otherwise, it will be necessary to study whether, through a reform project, it would be possible to achieve it. In this case, a Reform Project and a Legalization File of the reformed house must be prepared. Subsequently, both documents will be presented jointly at the Town Hall. When it is also not possible to comply with the regulations by carrying out reform works, it is only necessary to study the exact reason for this impossibility and assess whether there are alternatives.
Credits: lopezabogados.org, 20minutos.es, arkespai.com
wow so all the messy builds and elderly homes are problems as NO licence, yet agents still show and call Legal?
We have just had to cancel a purchase contract due to the lack of a first occupancy licence, although the vendor said it had one. Perhaps someone can explain - We/our Solicitor obtained the Urban report for the property which showed no infractions, yet when we discovered there was not a occupation or habitation licence we could not obtain a occupancy/ habitation licence as the Town Hall said the property had had an extension (also new roof and windows without the required licences? The property came under the Denia Town Hall
we have a rustic house cortijo where a lot of work finished in 2006 has been donne
i do have a certificate of final of job by the architect
and also a registro de le propriedad de velez malaga office
do i need more documents .....???
Hello Henri, in this link (https://news.spainhouses.net/2018/10/license-of-first-occupation/) we give you all the details about License of first occupation, also we explain the application process and the required documentation. Kind Regards