A real estate agency is marketing a housing development, in the Montaña Roja partial plan in Playa Blanca, whose license was annulled by the Superior Court of Justice of the Canary Islands (TSJC). The typical single-family home is located on plot number 134 of the aforementioned partial plan.
The price of these 58 homes is 104,000 euros and, according to La Voz, the real estate agency has already sold them all, and there is even a waiting list. However, these houses have a problem, and that is that they do not have a license, although, according to the Yaiza City Council, there is an open file to grant this permit since 2011.
The administrative litigation chamber of the TSJC annulled the decree of the Yaiza City Council, which granted the works license to the company "Villas Blancas Lanzarote S.L." for the construction of this complex of houses. An appeal was filed against the ruling, which was dismissed.
Despite this urban planning obstacle, the houses have been put up for sale. What's more, in the conditions of the sale, it is stated that the property will be sold in the "physical, legal, urban and building state in which it is found, including possible urban planning effects." In these same requirements, it is pointed out that the client must "know and accept that the seller (the banking entity) has not been the promoter of the property."
Precisely for this reason, in the contract, the buyer is made to waive "any compensation or repair derived from the possible existence of non-substantial hidden defects." However, it also explains that "said waiver is not extensible to substantial hidden defects understood as those that, due to their seriousness, make the property unsuitable for the use for which it is intended, or that diminish this use in such a way that, had the buyer known about them, he would not have acquired the property."
The bank clarifies that "the transfer of the property will be made free of charges and encumbrances, except for tax effects, urban planning effects, or other charges that are difficult or impossible to cancel, although the bank will be liable for said charges and effects before the client with full indemnity for the latter."
In the contract, the parties must also declare that the bank has made available to the client the documentation referred to in Royal Decree 515/1989 of April 21 "on consumer protection regarding information to be supplied in the sale and rental of homes, as well as the rest of the information required in the regional or sectorial regulations of application."
