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First Occupation Licence - Urgent !

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First Occupation Licence - Urgent !

Post by amm1007 on Wed Jan 13, 2016 4:26 pm

Hi

Urgent help needed ( and unexpectedly ! )
I have recently bought and reformed a cave house
with all the legal purchase paperwork
permissions to reform
have subsequent papers ( Habitabilidad y capacidad )


The property has been visited and works signed off by the local technica
on behalf of the local Ayuntamiento

but they ( long story , not specific to me...but general ) as in the Town Hall
say I need a FLO or Primero Licencia de Ocupacion
which they will not issue

thus I cannot connect to Endesa !

I thought only new build properties needed the 1st Occ.
do caves need them too ???

even if they have been lived in ( and were connected to the utilities as well )
for at least 100 years ( maybe more ) and by at least 2 other owners and families ?

There is even the suggestion that ANY NEW PURCHASE of a cave
meaning new owner, new name on supply , will also not be given the licence !!

Thanks to anyone who is more clued up than I am !! Shocked
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amm1007

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Re: First Occupation Licence - Urgent !

Post by La Mancha on Thu Jan 14, 2016 5:49 pm

We ended up in a similar situation. The rules say any cave over 50 years old (and that means virtually all of them) do not need a licence so the Ayuntamiento won't issue one and Endessa say they won't connect without a licence. Unfortunately I am not sure how it was resolved as it was done by our electrician.

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Re: First Occupation Licence - Urgent !

Post by amm1007 on Thu Jan 14, 2016 6:29 pm

Hi and thanks ....Really , thought I was the only one .

I didn't know about the 50 years rule ......where does that come from . National , the Junta or your local Town Hall ?

The situation in my case applies to the cave district of Abatel , in Zujar where I have 1 cave already connected .....so no problem....but after buying a 2nd , paying for a reform to live in it !!.,.,..am only now told that they ( the Ayuntamiento ) will not be issuing any licences, be it to caves or houses too.....where the supplies have been disconnected , even if it was 1 month , 1 year or 10 years ago....!!
If it is continuous use of meters and just a name change then that´s okay .

So clearly I am a little peed off to only find this out now ( though it was law May 2014 ) because they never told anyone !
Even my local Spanish electrician and builders merchants in town , still don´t know about this !
Clearly I could have bought a property not in Abatel and got the licence no problem at all .....!

I have actually been to see the Mayor this morning .
It appears it is now law is via Granada and the Junta ......so it could be ( to my knowledge it only affects Zujar ) that other Cave areas elsewhere might also be affected ?
( so best advice if anyone is thinking of buying ...is not only to use a local good Notario , but check at your Town Hall yourself !....
ask the Technica aka local architect if you buy, reform etc , will they give you the FLO !! )

What he has suggested is that he cannot write the licence or organise it as it will be against the Junta´s new rule.....but he will provide a letter to give to Endesa to explain that they have no objection to my being connected as I am am 100% legal

Put another way , he - in principle WILL give me a licence - in the future - as this is all to do with a Master Plan to ´regenerate and gentrify ´the perceived ´poor cave areas ´.....but just NOT YET.....I have to wait 2 ,. 5 , 20 years until their grand scheme comes to fruition .......which in the short term is clearly bonkers .

Other new owners are already taking the matter to Abogados.
So it´s a real can of worms here
Fine if we all knew before we bought.....as we simply would not !!

Sellers are clearly also affected as if they don´t have a leccie connection ....they can´t sell their cave.
It´s like wiping the value off your property .

So I will see what the letter does and how Endesa react .
I do know in Freila they connected 180 houses , many who were illegal too !

Be interested in the 50 year rule ??
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amm1007

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Re: First Occupation Licence - Urgent !

Post by La Mancha on Thu Jan 14, 2016 6:51 pm

Sounds like your issue is specific to Zujar then. It was 4 years ago and I wasn't directly involved but I believe it was the Ayuntamiento that said about the rule but I don't think it was just local. They did issue some additional paperwork though which I think worked.

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Re: First Occupation Licence - Urgent !

Post by amm1007 on Thu Jan 14, 2016 7:10 pm

Yes, I think so
and I think the extra paperwork should do the job with Endesa
Cheers Smile
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amm1007

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Re: First Occupation Licence - Urgent !

Post by miron on Thu Jan 14, 2016 7:55 pm

Yikes - sounds serious! We needed one of these after reforming our cave and wanting a permanent electricity supply, but had no problem in getting one - that was in 2010 though. Hope you get something sorted out - keep us informed!

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Re: First Occupation Licence - Urgent !

Post by amm1007 on Thu Jan 14, 2016 8:06 pm

Yes, it is a bit of stress I could not anticipate , mainly cos the powers that be ( whilst knowing of it ) kept it a secret......which it largely still is in Zujar. I think it is only here......they are zealous Bureaucrats at the T.H.
I bought a cave in 2012 with no problem.....the law started May 2014 .
Hopefully the Mayor´s letter to Endesa will do the job . Will do !
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