# Licence Of First Occupation and Habitation Question



## StevejR1 (May 21, 2013)

Hi All,

I know (roughly) about the Licence of First Occuoation (LFO), and what it is there for, and its importance. But I am also to understand that this is very unlikely/not possible to get for an older property, particularly in the campo, where they were built before the law was brought in around the early 2000's.

I am to understand that in these cases there are alternative habitation certificates available that are granted by the Town Halls to cover theses houses. But also that these can be called different names dependant on Town Hall, and region.

One such alternative I've heard of is a 'Declaration Asimilado Fuera de Ordinacion' (DAFO)

My question.....is there a way of finding out what the alternative Habitation certificate is in particular regions? A website, or a government reference?

I have asked my abogado, and he has catorgoricaly said I will not get a Licence of First Occupation on the property that we are looking at, which I accept, as it is too old....but also that the local Town Hall does not issue them (because the building is too old?..not at all???).

I have asked about a DAFO, or an alternative, but I'm awaiting a reply.

But I would also like to see if I can research it myself, or get the views of the knowledgable on here, to make sure that I'm up to speed with exactly what I need to have to prove habitability, as I am aware of how important this is in the long term.

Many thanks


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## snikpoh (Nov 19, 2007)

I'll watch this thread with interest because I don't know the answer but would like to know.

I certainly don't see how an old property can be given a Licence of FIRST occupation given that people have already lived there (legally). So it would be a licence of secondary occupation or simply a licence of occupation. This is what I have for a property that was first started to be build in the 13th century!


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## Lynn R (Feb 21, 2014)

Have a read through the information on this site, it seems unusually comprehensive. 

Spanish lawyers. Certificate of habitation, habitation license | Abogados. English speaking Solicitors. Spanish Lawyers, Torrevieja, Javea, Alicante, Murcia, Valencia, Malaga


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## StevejR1 (May 21, 2013)

Lynn R said:


> Have a read through the information on this site, it seems unusually comprehensive.
> 
> Spanish lawyers. Certificate of habitation, habitation license | Abogados. English speaking Solicitors. Spanish Lawyers, Torrevieja, Javea, Alicante, Murcia, Valencia, Malaga


That is very informative 

I have searched the forum for posts and threads this morning, and I've come up with quite a few good ones.

I believe in the area we are looking at, the habitation licence is called a 'certificado de habitabilidad'......and I believe this is being applied for by the seller, but is still being processed. What I wanted to confirm is that is exactly what it is...and not assume that's what it is! I'm becoming a bit paranoid in double checking my abogado!!! I like to be informed, rather than naive, and with a big decision to make soon I want to make sure I know EXACTLY what I need to know


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## StevejR1 (May 21, 2013)

Right.....I have just been informed by the abogado that the local Town Hall where we are hoping to buy is at present not issuing any certificado de habitabilidads, or any alternatives. They are doing an inventory of all the campo properties, and until that inventory has been completed they can't release any licences. There are apparently other Town Halls local to the area that are doing the same. He assures me that this does not mean that there is going to be any legal issues in the future. They also state that the house has been built long enough ago for the ayuntamiento (town hall) not to be able to do anything against it, and that they are waiting on a document that will confirm this.

They say that I should not worry about this......

Really bad advice? Time to change abogado? Too much of a risk, or just part of buying a campo house? Or just advice based on a process that needs to be followed, but won't be in place before we were to purchase?!?!

Apart from the fact there will be a cost implication of *us* now having to apply for the certificate when the inventory is completed, is this move just too much of a *massive* risk in case the application were to be rejected?!?

I am now trying to find out what this other document is, and what it is called, that will confirm that the Town Hall will not have an issue with this property in the future!!


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## susanspain (Sep 5, 2008)

I am just looking into this too (as considering buying a campo property in our area - Alhaurin el Grande/Coin in Malaga.)

The various bits of information we have been able to get (as town hall are very resistant to being straight, or maybe it is also a case of they 'still don't know?)

Vendor (of a property we are seriously looking at), pre 15year (local cut off point for First Licence route - and very expensive as I am sure readers will know it is % of the catastral value, which could be updated once a property owner starts to try and legalize their property if not done already.).... 
Pre 15 year - urbanismo dept in TH (Alhaurin el Grande) have told us a DAFO can be issued. And will cost around Eu250 as the value of the property is not too high. But so far vendor has spent Eu1,000+ in new architects drawings, but thinks this may have been money wasted as 1 person in TH says X, another says Y. But vendor is hoping to resolve the matter soon and get the signed DAFO.

NB Whilst it is important that a buyers lawyer should MAKE SURE ALL THESE DOCUMENTS ARE IN PLACE, some are just ignoring this aspect and telling the buyer to go ahead regardless!! NOT GOOD!!!


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## snikpoh (Nov 19, 2007)

What's a DAFO?

Do you mean Document of First Occupation ?

Why not go for an HS-2 (cedula d'habitabilidad de segunda o posteriores ocupaciones)?

You use form HS-1 to request an HS-2


If I were you, I would just wait until the owner has all the documents that YOU think you need (which may be more than what your solicitor thinks you need).


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## Pazcat (Mar 24, 2010)

Isn't the DAFO(Declaration Asimilado Fuera de Ordinacion) what tells you if the property has an FDO on it or not?


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## susanspain (Sep 5, 2008)

Not sure PAZ catz, will try and find out.
All I know is you have to have either one OR THE OTHER to be 'fully legal.'
Sadly the local authorities are bringing down an iron fist (or a money grabbing one) onto properties that have been here for 100's of years.
I think it is just another way to make money.


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## gus-lopez (Jan 4, 2010)

snikpoh said:


> Why not go for an HS-2 (cedula d'habitabilidad de segunda o posteriores ocupaciones)?
> 
> 
> 
> If I were you, I would just wait until the owner has all the documents that YOU think you need (which may be more than what your solicitor thinks you need).


Because as was stated in an earlier post the council are not issuing any until they have finished assessing all the house in the campo. In all honesty that is just ******** as many councils up towards us are refusing to issue any. The reason is simple. So much **** has hit the fan over the illegal builds/demolitions that no council is prepared to actually issue anything if there is the slightest chance that there could be a come back & the finger pointed at them. That is the crux of it. Until they are actually instructed & in writing they aren't going to be issuing anything.


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