License of First Occupation in Spain

When a client instructs our multilingual law firm in Marbella to study the legal situation of a property they would like to acquire, one of the essential documents to retrieve is the Spanish Licence of First Occupation (LFO) corresponding to this property.

The Spanish LFO is a document usually issued by municipal authorities (municipalities). It aims to ensure that the building in question complies with the conditions imposed by the (not expired) building license permission, which would have been granted at the commencement of the works and the conformity of these works with the technical project that was the basis for granting the building license. In addition, with the LFO, we may confirm that the building’s construction complies with the appropriate health and safety standards.

The essential subject of this license is the initial occupation and use of buildings as well as the elements adjacent to them (such as storage rooms and garages, which are an integral part of the whole building). The pertinent LFO in Spain is also required for those works of extension, modification and rehabilitation involving a technical project and a necessary perusal of health and safety by the municipal technicians.

The Licence of First Occupation is necessary for the Spanish declaration of the new building titled, which together with the final building certificate issued by the architect, will be required for execution of the deed.

The Spanish LFO is a requirement in many regions for contracting different utility supplies on the property (electricity, water, gas, telephone, etc.).

This document is essential to determining that the property complies with the building regulations applicable in the area. As a cause of contractual breach, it is just as important for us to consider those purchases where the property is transferred without the LFO (as the third party purchaser in good faith is not a party in the relationship between the owner/developer and the town hall).

You are invited to see previous post’s at our blog under the subject “Spanish Property”.

Special attention should be paid to those Spanish Licences of First Occupations when they are granted by positive administrative silence. Do not hesitate to contact any of the efficient multilingual Spanish lawyers of Arcos & Lamers Asociados. Your English speaking lawyers and accountants in Spain under one roof.