Posted: Sun Jul 21, 2019 5:01pm
Quote :
At the end of the day many notary's will and do sign off houses every day without a habitation certificate!
End of quote!
A Notary does not guarantee the legality of your purchase, whether it has a Habitation Licence or not.
There is no comeback on a Notary if later you find out you have been duped, lied too or your property is not legal to live in (no Habitaton Licence)
They are there to ensure both parties understand the documents, that the Land Registry are informed and the appropriate payments are exchanged, taxes paid and especially their fee is paid.
Search google about Spanish Notaries to find out all about them.
They are no help to a Buyers mistake. That is not their role. They do not protect you.
Only your Solicitor can be made responsible " if you ask the questions"
Questions often overlooked by novice purchasers are:
Is there an outstanding mortgage to be cleared by the vendor?
Are there any attached debts?
Is there a Habitation Licence so you can legally live in the property?
Can he the Solicitor ensure services are connected and change of ownership be transferred?
The UKGov website covers every pitfall you need to be aware of when contemplating buying Spanish Property.
There are many families who have had their homes bulldozed flat for not being legal In otherwords never given a Habitation Licence.
There are many areas throughout Spain at risk of one day Central Government giving the demolition order.
The risk is always there it will never go away.
There are many reasons why property does not have the legal documentation and will never get it.
If the Townhall did not give the First Occupation Habitation Licence when they were first built its almost guaranteed in the Spanish system " you will not get one".
There are many websites confirming this information. Local and national newspapers have covered the legal fight for these residents including the case conducted by the English Consulate.
Do your research before you are tempted to pay a deposit for that bargain property.
It's a " bargain" for a very good reason.
Always the first rule of buying, the first question is - is there a First Occupation/ Habitation Licence.
See the agent or their recommended legal bod woffle at this first question when they very well know the property they are trying to sell you is not legal.
Advice - walk away!
You have probably worked hard all your life to buy your dream Spanish property, do not be duped by sales-talk to throw your money away on a non legal build.7
Good luck to all those about to buy property trust this post will give you some guidance as to how to do it right.
Regards Al