First Occupation Licence is ALWAYS Necessary for Off-Plan Property Purchases

First Occupation License is always necessary when completing on your off plan property purchase Notary deeds in Spain.


Whatever regional regulations establishes, as Notaries and Registrars and Constitutional Court in Spain have already set, when interpreting all Acts and regulations treating this matter:


Competency for determining which are the necessary requisites for public documentation (Notary deeds) and registration (at the Land Registry) of authorizations and licenses established by regional regulations is always National.


And Spain National Ground Act clearly establishes the obligatory verification of existence of First Occupation Licenses before granting of Finished New Work deeds and their registration.


So, no Notary should authorize Finished New Work Deeds and no Land Registrar should register it before verifying on the existence on these.


In Valencia region, a recent Zoning Land seems to establish that a “Liability declaration by a developer” can substitute the Official Public Granting of the First Occupation License.


It can never be the case as, as explained above, title and registration requisites can never be decided by regions but also, same region establishes in a in-force Act on Building Quality, much more Consumer oriented, that these “liability declarations” can just be granted according to what Quality of Building Acts sets, and in Valencia Building Quality Act makes First Occupation License obligatory.


Yes, Law application (especially in a competencies-shared, national and regional system like the Spanish one) can sometimes be a kind of hieroglyphic.


An example of why a good independent lawyer— better if locally independent too–, with good knowledge of Real Estate, Land Registry, Urban and Horizontal Property Law is essential for a safe property purchase in Spain.


Recent history teaches us!

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