# Habitation Licence Nightmare!!



## Jamie Hunter73 (Oct 26, 2020)

I have a difficult property purchase situation that I am taking legal advice on but welcome your comments. I am purchasing a property in the Algarve (Faro) but it has complications. The original property was built in 1800s but the previous owners added an extension post 1951. The ground floor extension had Camera approval but not the first floor. A new project has been approved by the camera to demolish the illegal bits but the owner is not in a position (£) to do this demolition and do the basics required to obtain the habitation licence ( a licence is required as it cannot be classed as a ruin anymore). The deeds of the property cannot be transferred until the habitation licence has been granted...this is the issue. 

My lawyer (who is a personal friend) has suggested that in the promissary document we can set it up such that we complete (and pay for) the work required to gain a habitation licence and then the deeds are transferred into our name within 30 days of obtaining the licence. Sounds dodgy but I believe that bit is fine. 

My question is this....is there a minimum standard that is required to obtain the habitation licence? I am aware that a bathroom and kitchen of sorts is required but can the floors and walls still be in their current not so great state. They are all safe but the inside of the property does need a complete replaster and reflooring. What I want to do is the minimum amount of work (£) in order to obtain the habitation licence, once I have that and the property is legally mine then I can spend the real money in fixing the place up. Grateful for your thoughts and or experiences.


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## Strontium (Sep 16, 2015)

Shirly the same as always - you just go to whichever authority (Camera) will be dealing with it and ask what needs to be done to get it classed as habitation. Different authorities have different interpretations of the rules, they may decide that if any work is done then the whole building must be bought up to latest building standards (by registered builders) not just the extension. BUT the only way is to ask them - in writing - it's what my Lawyer did. 
As for some deal which looks like you are paying the vendor in "kind" then they subsequently pass ownership to you I'd rather not comment (but the tax people may) but what'll happen if the vendor, who apparently has no money, doesn't pass ownership to you?
Is there any reason why your Lawyer has not asked the vendor to take a bank loan against the property which then gets transferred with the property when it's subsequently sold, ie the loan is on the property not the person which is quite common.


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