Title Deeds in Order.

Last month, I was advising you to update your SUMA, as mentioned, the authorities are investigating 181 cities in the Valencia Region in order to punish with fines to those owners that are not having their SUMA records updated.
As important as to update SUMA is to update your TITLE DEEDS because a copy should be lodged with the SUMA application. This will save lots of time and money to you in the future.
Please, check your deeds and if you have any new item (barbecue, sheds, garage, pool, etc) not included in your deeds then contact us and we will inform you about the Deeds Update process and if convenient, we will be pleased to help you.

Email: info@rhv-lawfirm.com, or, maria@rhv-lawfirm.com.

Maria Navarro – Lawyer & Barrister at Alicante Solicitors > Raymundo & Hopman.

February 2016.

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Catastro (SUMA) Revisions. Update your SUMA!

Four Vega Baja Towns (Jacarilla, San Miguel de Salinas, Torrevieja and
Redován), have been recently revised for the Catastro update. Over 2000
infractions were found and denounced in the mentioned Towns due to lack of IBI
payment. This revision not only affects houses, it also involves any other
buildings such as pools, barbecues, etc. Aerial photographs are the tools used to
compare old and brand new constructions.
It is therefore strongly advisable to (get) ensure that your house fits with Catastro
and Land Registry descriptions in order to avoid fines and expensive and time
consuming problems in the near future. Our Law Firm has a large experience in
this field due to our work with the Catral, Orihuela and other Towns legalisation
cases and we would be more than happy to resolve any question you may have
in this regard.

Maria Navarro – Lawyer & Barrister at Alicante Solicitors > Raymundo & Hopman.

New-Build Homes: Defects & Purchaser’s Rights.

By Connie Raymundo
(Article published in Costa Blanca News Dec 4th, 2015)
New-build homes appeal to many people for a variety of reasons but
houses, even brand new houses, are not always perfect; faults or
defects may sometimes appear after the purchase.
The Building Law (LOE) provides three different guarantee periods of 1, 3, or 10
years during which the purchaser will be able to complain and seek redress,
depending on the magnitude of the defect:
Ten years: this is the guarantee period when the stability or structural integrity of
the building itself is in jeopardy. This category includes all defects affecting the
main structure and fabric of the house including foundations, supporting walls
and beams etc.
Three years: this guarantee period applies when, because of faults or defects,
the house does not meet habitation requirements with regards to hygiene, health,
environmental protection, noise or thermal isolation energy saving and so on.
One year: this is the guarantee period for minor items such as cosmetic defects
in wall surfaces and painted finishes, marks and scratches on fittings etc.
However, it is essential to realise that different to these guarantee periods is the
limited time available to take legal action. House Defects action expires after
two years from the time when the defects first appeared and/or became known
by the purchaser. Under the provisions of this action Builders, any Agents
involved, as well as the Architects, can all be sued.
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In reality though, two years usually proves to be too short a time to sue and
because of this, it has been quite usual for purchasers of new homes to use the
Breach of Contract court action against the builder or promoter (this action goes
only against those parties whose signatures appear on the contracts) because
it’s time limit was 15 years.
However, the section of the Civil Law that specified this 15 year time limit has recently been changed; the new Law 42/15, approved on 7th October, has
reduced the time limit from 15 years to only 5 years.
This new rule is clearly a setback for purchasers of new homes as it considerably
reduces their options for seeking legal redress through the courts.
Also be aware that this new 5 year deadline for court actions does not only apply
to Breach of Contract suits, it also applies to all personal actions; so anyone
having a legal problem can no longer afford to ‘’wait around’’ delay before
contacting an independent and specialised lawyer.
The Building Law (LOE) guarantee periods of 1, 3 and 10 years apply only to
new-build homes, so we will be looking at the rights of purchasers of previously
owned houses in our next article.
Lawyers at Raymundo & Hopman are specialised in these House Defects and
Breach of Contract actions, and will be pleased to study any case and to produce
a preliminary legal report about any purchaser’s possibilities of success free of
charge.
Connie Raymundo – Lawyer and Barrister at Alicante Solicitors > Raymundo & Hopman. Reg. nº ICALI 5936.