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Do you need a certificate of habitation to sell a house?
Do you need a certificate of habitation to sell a house?
by Pablo Teatime » Fri Oct 17, 2014 12:56 pm
An estate agent has recently stated that if you don't have a certificate of habitation for a house, you cant sell it. New law just brought into effect.
Does anyone know if this is correct?
Up until now, the escritura (deeds) could be transferred to a new owner, irrelevant of weather there was a habitation certificate issued for that property or not.
We all know that local and national government are moving the goalposts in many areas of trade and commerce to bring in more revenue, so would not be surprised if this is the case.
Thank you to anyone who could enlighten us.
Paul.
Does anyone know if this is correct?
Up until now, the escritura (deeds) could be transferred to a new owner, irrelevant of weather there was a habitation certificate issued for that property or not.
We all know that local and national government are moving the goalposts in many areas of trade and commerce to bring in more revenue, so would not be surprised if this is the case.
Thank you to anyone who could enlighten us.
Paul.
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Pablo Teatime - Posts: 466
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Re: Certificate of habitation..house sale
by scubydoo » Fri Oct 17, 2014 1:18 pm
I have heard of this but thought it applied to old farmhouse or Finca type properties that had been re developed!
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Re: Certificate of habitation..house sale
by Lo Pepin » Fri Oct 17, 2014 4:04 pm
We have just sold and bought another property. We had to get the certificate for the sale and then our sellers got the one for us. They only last 5 years. If you aren't selling then you don't have to renew the one you have. Hope this helps??
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Re: Do you need a certificate of habitation to sell a house?
by Pablo Teatime » Sun Oct 19, 2014 1:16 pm
Thank you, but not really.
The old house in question is in a national park area and was purchased with an escritura but no certificate of habitation.
Because it is in a "build restricted" zone, they will not issue a certificate but do contest that it is a dwelling with escritura. It now needs to be sold which is why the worry.
I will try to get a definitive answer from a lawyer and post the results.
Buying a house should be made safe by your lawyer here, but they only seem to facilitate the transfer of the money (for a large fee of course), and nothing else.
Disgraceful.
The old house in question is in a national park area and was purchased with an escritura but no certificate of habitation.
Because it is in a "build restricted" zone, they will not issue a certificate but do contest that it is a dwelling with escritura. It now needs to be sold which is why the worry.
I will try to get a definitive answer from a lawyer and post the results.
Buying a house should be made safe by your lawyer here, but they only seem to facilitate the transfer of the money (for a large fee of course), and nothing else.
Disgraceful.
-
Pablo Teatime - Posts: 466
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Re: Do you need a certificate of habitation to sell a house?
by jim » Mon Oct 20, 2014 7:51 pm
used to live in partida de daimes near la hoya,did not have a cedula, bought in quesada 2012, still do not have one, alia tasciones who surveyed the house contacted the town hall who assured them that one existed, but i think that when the house was built about 30 years ago a certificate for all properties in the area that were taken over by the town hall were included on an cedula urbanistica.......there are hundreds of properties on th camposol develepment that do not have cedulas but it does not stop them being bought and sold but would agree with getting legal advice
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Re: Do you need a certificate of habitation to sell a house?
by [email protected] » Fri May 08, 2015 4:24 pm
I'm in the final leg of house-buying and I know that the last things our solicitor was waiting for were the certificates of habitation and energy. Thankfully they now have both and we're completing a week today!!
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Re: Do you need a certificate of habitation to sell a house?
by helper » Sat May 09, 2015 12:46 pm
Hi, I can state very clearly that you do not need a certificate of habitation to sell a property. However anyone considering buying a property should find out if they will be able to get a certificate of habitation for the property they are buying.
These days the Town hall in Rojales requires a series of papers in order to issue what is now called a declaration of responsibility for the second or subsequent occupation of a home. If your intention is to buy a property to live in, check first that you will be able to meet the requirements to have this licence issued.
Many people wish to buy and sell properties for other uses, such as an old derelict house in the countryside for renovation in which case it does not meet the requirements for a licence of occupation, but if buyer and seller are happy with this there is absolutely nothing to stop the sale taking place.
These days the Town hall in Rojales requires a series of papers in order to issue what is now called a declaration of responsibility for the second or subsequent occupation of a home. If your intention is to buy a property to live in, check first that you will be able to meet the requirements to have this licence issued.
Many people wish to buy and sell properties for other uses, such as an old derelict house in the countryside for renovation in which case it does not meet the requirements for a licence of occupation, but if buyer and seller are happy with this there is absolutely nothing to stop the sale taking place.
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Re: Do you need a certificate of habitation to sell a house?
by Pablo Teatime » Sun May 10, 2015 12:24 am
Thank you for taking the time to respond.
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Pablo Teatime - Posts: 466
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