# No Cédula - Javea - Pinosol



## TeeMyob (Jan 6, 2013)

Hi,

We have found a house in Javea, Pinosol area.

We never even knew about the LFO or Cedula.

We made an offer on the Villa, Vendor who purchased the land and built new, cash. Never had a mortgage and pt up for sale through and agent. He dragged his heels with repsonding to offers and would not take the property off the market subject to valuation.

When we consulted our mortgage broker, he first questioned where the LFO was and there was no Nota Simple provided for the house (just one for the land). Nota Simple was eventually provided and still no first occupation license.

The details have been sent to the Bank and when I asked regarding the Cedula, I was givin this response by the Agent.....

The lack of Occupation Licence or Cédula may be an issue for certain banks. The vendor will not be able to obtain one from the town hall until they send out the urbanisation certificates and payment scheme. This may never happen as the vendor has been waiting 15 years or more already. It is not a legal requirement to have one to sell a property; you only really need them to create a brand new contract with electricity and water companies.

I am now very worried about buying this house?

Any comments welcome?


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## Lolito (Aug 25, 2012)

I wouldn't worry too much about the Banks, it is the Notary you should worry about as he will find out that there is not cedula de habitabilidad, which is the most important document when buying a house. Do you know the reason why it does not have one? Is it illegal? Did he try to get one before? It does not take long to get one, why the owner didn't ask for one? 

The way i see it, is that if there is not cedula de habitabilidad, then it isn't a house, you are buying a piece of land with nothing in it. By law, you can't sell a house without the cedula, or that is what we have been told numerous times last year when we wanted to buy, but we are in Spain... things change daily....

Get an architect to certify that the house is habitable and then get the cedula at the Town Hall, it might be very simple, but then again, it might not. So many factors that we don;t know about.


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## Pazcat (Mar 24, 2010)

No licence
No buy.

Moot anyway as the bank won't give you a mortgage without it.


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## TeeMyob (Jan 6, 2013)

Thank you all for the prompt replies.

The Pinosol area of Javea is largely not urbanised.

The urbanisation will at some point take place by the council and the residents will be expected to contribute towards the Roads. walkways and street lighting.

I am told by many agents that this area that either the price of the property is adjusted accordingly or money is put aside, often in an escrow account until such work is carried out.

The Vendor said he has been waiting for the urbanisation to take place for 15 years.

The Agents response was...

***********************************************************

It is not an LFO its the Cédula. The lack of Occupation Licence or Cédula may be an issue for some banks, but we’ll have to see what they say. Unfortunately it’s out of our and the vendors’ hands, as we can’t do anything to get the Licence yet. Until the Town Hall issues the urbanisation certificates and payment scheme (which may or may not happen – he’s been waiting 15 years to pay for it!), they won’t issue a Cédula.

It’s not a legal requirement to have one to sell a property; you only really need them to create a brand new contract with electricity and water companies.

************************************************

What I find odd is that the house is rented out by the summer by a Popular rental company!


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## Horlics (Sep 27, 2011)

Bargepole


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## xabiaxica (Jun 23, 2009)

I wouldn't touch it, personally. 

However - a trip to the Oficina de Atención de Ciudadanos (OAC) near Mercadona in the old town might be a good idea, just to see if you can find out more. There's a Help Desk for foreigners there, run by my friend Mayka. She speaks near-perfect English & could help you I'm sure.

The ayto is working towrds legalising these urbs, so it's worth finding out what the state of play is with Pinosol.


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## davexf (Jan 26, 2009)

Hola 

There are over 300,000 illegal houses in Andalucía; therefore they do not have a cedula / LFO. They are bought and sold daily; most of these houses are not on urbanisations. 

Davexf


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## Pazcat (Mar 24, 2010)

Hopefully you have not paid a deposit, I would move on and from the sounds of it you are not using a lawyer(sorry if wrong) which should be your first port of call for the next property.
There is a good chance that will have issues too but unless you completely understand what documentation and conveyancing you need to be doing to possibly get it fixed then you need somebody impartial who understands the system and has professional liability insurance.


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## TeeMyob (Jan 6, 2013)

Hi,

Thank you all again.

We are using a lawyer and I am told we will get a Habitation Certificate, not a LFO and no Cédula. As the town hall cannot issue said cédula until after urbanisation .

XabiaXhica, could you let me have the tel number please?


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## Horlics (Sep 27, 2011)

You're taking a path I wouldn't. I'm interested to know, is there are guidance or ceiling on the possible amount of future payments for the urbanisation? I would want to know how much I might be committing to in the future if I buy now.

Also, when the council does come along to lay roads, lighting, etc. I would guess you'll be living on a building site for several months with limited access at times.

Given that there are many hundreds of properties in the area I think that I would be looking elsewhere.

But if you have the will to see this through then good luck to you. I hope it all works out.


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## snikpoh (Nov 19, 2007)

TeeMyob said:


> Hi,
> 
> Thank you all again.
> 
> ...




A habitation certificate is "cèdula d'habitabilitat" or "cédula de habitabilidad" (Spanish versus Valencian). 

So is a licence of first (or second) occupation (LFO). "cédula de habitabilidad de Segunda(or primaria) o Posteriores Ocupaciones".


So I'm not really sure what you will/will not get.


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## pizzacheaze (Oct 29, 2012)

Buy with a small mortgage if you can. The bank will run all the checks and make sure the property is fully legal. 

Listen to your lawyer and take whatever estate agents say with a pinch of salt, they just want the sale.

During my purchase, part of the process was obtaining said certificate, and this was a condition of sale. The vendor had to do all the hoop jumping before they could complete.

It's common.

Good luck!


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## xabiaxica (Jun 23, 2009)

pizzacheaze said:


> *Buy with a small mortgage if you can. The bank will run all the checks and make sure the property is fully legal. *
> 
> Listen to your lawyer and take whatever estate agents say with a pinch of salt, they just want the sale.
> 
> ...


The bank might not make all the checks... we knew someone a few years ago who bought a property just outside Jávea, with a small mortgage (about 15% iirc) .

A couple of years later he was in need of cash & asked the bank to increase the mortgage. Answer came back no - the property wasn't legal


You're right though - the vendor should get the paperwork sorted as a requirement by the purchaser, not the purchaser after the fact


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## TeeMyob (Jan 6, 2013)

Thank You.

The current price is estimated at €15,000 per property but, so far the property price has been adjusted by €30,000

Xabia


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## pizzacheaze (Oct 29, 2012)

xabiachica said:


> The bank might not make all the checks... we knew someone a few years ago who bought a property just outside Jávea, with a small mortgage (about 15% iirc) .
> 
> A couple of years later he was in need of cash & asked the bank to increase the mortgage. Answer came back no - the property wasn't legal
> 
> ...


If the property is being sold by the bank it may be a different story just to get it sold, however if the bank is fronting part of the money for a property that is not on their books they need to know that their money will be safe so will do the checks. That's what they did with mine and they checked very vigorously indeed. I guess it will vary from bank to bank and amount of capital borrowed.


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## TeeMyob (Jan 6, 2013)

I was informed by our lawyers that they were going to obtain a certificate from the town hall explaining the situation regarding the lack of Cédula.

But I have received a contract from our Lawyer simply stating..


"the purchasers are aware no Cedula exists"

Not looking good


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## snikpoh (Nov 19, 2007)

TeeMyob said:


> I was informed by our lawyers that they were going to obtain a certificate from the town hall explaining the situation regarding the lack of Cédula.
> 
> But I have received a contract from our Lawyer simply stating..
> 
> ...


You should be instructing your lawyer to sort this out at the sellers expense. If your lawyer is unable/unwilling to, then simply walk away!


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## pizzacheaze (Oct 29, 2012)

Email for the English helpdesk is: [email protected]

I'd give this one a miss and look for something else if I were you.


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## xabiaxica (Jun 23, 2009)

pizzacheaze said:


> Email for the English helpdesk is: [email protected]
> 
> I'd give this one a miss and look for something else if I were you.


why didn't I think of that? 

My friend Mayka could help you find out about the legal position of the property - for free (though I think it's clear that it is dodgy) 

They can't give legal advice from the Help Desk though 

Xàbia’s Help Desk – assisting residents in four languages | José Chulvi


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## paddywhack (Jan 26, 2015)

TeeMyob said:


> Hi,
> 
> We have found a house in Javea, Pinosol area.
> 
> ...


Contact Glyn Moran at GPS Javea Estate Agents | Villas, Apartments and Land For Sale in Javea
Glyn specialises in conveyencing and has been practising in Spain for more than 14 years. I found Glyn very helpful when buying my villa.


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## Horlics (Sep 27, 2011)

Walk away. No, RUN!



TeeMyob said:


> I was informed by our lawyers that they were going to obtain a certificate from the town hall explaining the situation regarding the lack of Cédula.
> 
> But I have received a contract from our Lawyer simply stating..
> 
> ...


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## xabiaxica (Jun 23, 2009)

Horlics said:


> Walk away. No, RUN!


some lawyers don't deserve the title


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