LOS REQUENAS PARCELISATION MEETING

[Roger]

LOS REQUENAS PARCELISATION MEETING
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This is a report of the meeting with the residents of Los Requenas to explain and discuss the issues relating to their parcelisation project.

PP Councillor Antonio Martinez was in attendance as an observer.
He informed the residents that any official information should be obtained by attending the Town Hall. All affected residents, either individually, in a group or with a representative would be welcome and given all information officially.
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It is clear that the Town Hall is actively and rapidly working to sort out the outstanding issues with the project, in particular contacting the original land owners and obtaining the necessary documents relating to the mortgage on part of the land in the name of a local Spanish resident (not Graysan).
We are optimistic that issues will at last be resolved, although given the delay experienced at the Land Registry we cannot be sure how long this will take.
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Only Los Requenas has been subjected to this delay.
In all other areas the residents have been able to obtain AFOs and hence their escrituras. The Town Hall registering the parcelisation project has blocked this route for the residents of Los Requenas.
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The reason the previous administration chose this process is not to legalise the houses, but to consolidate the land under urban regulations.
This will allow the Town Hall to issue occupation licences.
For all other areas this is not required because the AFO certificate is an occupation licence.

The long term objective of completing the urban consolidation is to open the
possibility of a future urban plan (Innovation 15) for which the previous Mayor had identified the possibility of constructing a further 1000 houses.
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This was the first opportunity the residents have had to obtain information about their project with the help of a qualified independent person.

The project shows 30 plots covered by the project.
Of these 20 have been registered in the name of the current resident. This is because they will have settled any debts with Graysan, and from that money will have paid the urbanization taxes, which average at around 4000 euros.
The remaining 10 plots remain in the name of Graysan. When the project is approved these 10 residents will settle their debt with Graysan and ensure that the urbanization taxes are paid from this money.
Graysan is responsible for these urbanization taxes, as the land owner.

However these urbanisation taxes are classed as PROVISIONAL.
Therefore the residents must get an assurance from the Town Hall that any future reassessment of these taxes, to cover inflation or other causes, will be paid by Graysan.

In particular there is the issue of a new road to be built to give access to a further 8 houses.

When, hopefully, the project is approved the residents will at last be able to obtain escrituras for their land. This will involve going to the Notary to prepare the escritura, and in the case of the 10 residents whose land will be in the name of Graysan this will require Graysan to transfer the land.

Then the residents will require architect projects of the house to obtain an escritura for the house on the land.
The clients should take legal advice as to Graysans responsibility of these costs in accordance with their contract.

This process is straight forward but will involve some time, because at each stage the Land Registry will be involved, and they have a poor reputation for efficiency.

So hopefully the residents can see a way forward now that we have reliable information from the Town Hall.

However this process will not give the residents their occupation licence.
This has to be given by the Town Hall (I think free of charge).
But technically the land must first be made consolidated
This happens when all the infrastructure is in place.
This is an important issue which the residents should clarify with the Town Hall.
Will they have to wait, and if so how long?
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At the end of the meeting the residents had the opportunity to see the maps.
This disclosed two specific issues where only part of the plots were covered by the project.
My file, going back many years, identified 29 houses not 30.
Meeting with the resident of this 30th plot disclosed a mistake.
The plot is shown as 50% within the project, but in fact 10 years ago the plot was made fully urban under Innovation 13, and is currently registered as such by the catastro. Clearly the two do not agree.
I have informed the Town Hall of this error. I do not know what problem this will create.
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OTHER PARCELISATION PROJECTS

We know that the Town hall is currently in process of preparing the Parcelisation for Los Carrascos, with no doubt others to follow.
They have promised to make available the draft copy when it is prepared.
The rumour is that the Town Hall will only continue if 51% of the residents agree.
But this has not been officially confirmed.
If this is true why are they working on the project before they know if the residents agree?

It must be emphasised that in the case of Los Requenas the Urbanisation taxes are due to be paid by the builder, as the land owner (although leaving some doubt about unforeseen future costs)
BUT for all other areas these taxes will be levied against the land owners, and if you have an AFO and/or an escritura you are the land owner.
In addition if you have no outstanding debt with your builder and he refuses to pay then the debt will be on the current occupier.

Estimates we have seen are that for other areas the urbanization taxes will be much higher that those shown for Los Requenas.