Los Olivos

[Paella]

Hi
Is anyone still waiting for their escritura for property in this area? Los Olivos is about 10 min car drive to Albox. I believe they are building a Palm Valley Golf Course at the entrance to this little village. Would be grateful if anyone had any knowledge about the site or the builder? Its next to the village of partaloa

[Olè]

So is this development off the road into Partaloa rather than Cantoria.

Have you bought one?

You would be better getting legal advice, outside the area, to look into it and see if the land is urbanised and the builder had the building applications in place.

If they are built on rustic land the question is whether they had the relevent licences to build - if they did people should have got an "Escritura publica de compraventa" which is the sale deed but nothing is guaranteed at the moment about the legalities on any properties :(

[sterling]

Hi,
As I understand it, the builder didn't have a license to build and buyers are having a tough time getting the escritura'a and habitation certificate.Some don't even have electricity. But I do think that the land was urbanised.
There have been attempts by the builder to sort this out because he says he did have a license originally but he let it lapse, don't know if that's true, do licenses run out? It must be very worrying for the buyers some have not been able to complete with their mortgage and are living there waiting for the necessary paperwork to enable them to go ahead. The builder is allowing them to live there without paying the balance owed to him untill he sorts it all out.

[Paella]

We put a deposit down on a property on Los Olivos in 2006. We were told that the same that the builder let the licence expire. (A bit similar to UK when you get planning permission but have to build within 2 yrs or otherwise you have to resubmit)

The solicitor has confirmed the land is urbanised. We do have water and electric and have stayed at the house a few times. The builder must be the same one, as he agreed to let us do this until paperwork sorted.

We made a condition of sale that if he doesn't complete with all the paperwork our deposit is returned. However, I hope that does not happen!

It's really caused a lot of stress as we planned to move in. I had a job offered to me but no paperwork meant no mortgage. As the job was only a 10 month contract for the 1st year I couldn't risk taking it without the mortgage been sorted. I'm having to turn down something which I really want to do.

:mad:

[digifidd]

There is a difference between somewhere being urbanised and being urbanizable.

Some developments are urbanised, ie have amenities etc., but if the development has been built on rustica land rather than urbana land, is not on the most recent, ratified PGOU as urban land, was not given permissions to build and does not have the licenses, it is not legal.

On our registered escritura, and at the catastral office, it says our land is urbana (evn our IBI bill says this), however our land is, in fact, rustica and has been built on, ie there is an urbanisation there, but it is NOT legal.

Just having an escritura, doesn't make everything legal. Lots of other things have to be in place.

So just because the houses have been built, doesn't mean it will be legal. There have been plenty of houses built in the Almanzora Valley that shouldn't have been but developers went ahead anyway.

Get a second legal opinion from well outside the area. Local lawyers have a conflict of interests!

[Paella]

It seems to be all a bit a mess and a lot of waiting around. The lawyer has said not to pay anything else or do anyhting else, including taking the job in Spain until we have everything back the Junta del Andalucia. In the meantime we stay in the UK:(

[digifidd]

In this your lawyer is correct. Nothing can be deemed totally legal in the area until the Junta of Andalucia ratify the local PGOU's, permissions and licenses. If the town hall have granted dodgy permissions, all that will happen is the Junta will over rule the local town's decision, revoke them and you will have an illegal property.

Dont pay anything on the "promise" that the licenses and permissions will be granted later - this is pie in the sky.

Hold tight and keep your money safe (as frustrating as that is), however you will be happier in the long run if you play this out with patience rather than rushing to part with your money and ending up with a demolished house into the bargain.

[Paella]

Thanks digifidd. I'd rather wait longer and know all is ok but I just wish they would hurry up!! still it's better to be safe than sorry.:)

[digifidd]

Ah! The wheels in Spain grind slowly indeed. Better to be in your position than ours - we are waiting to see if our house lands on a demolition list! I wouldn't wish that on anyone.
Good luck Paella:)