Missing first-occupation licence (LPO)

Why does it happen?

The problem of missing first-occupation licence (lpo) in new build property has constructive causes (execution), design causes (project) or material causes (supply). The LOE attributes joint and several liability across the involved agents (developer, builder, designer, project manager). Understanding the origin of the defect comes first because it determines the applicable warranty period.

Without LPO you cannot contract utilities (electricity, water, gas) and the bank cannot complete the mortgage. How to force the developer.

Deadlines and legal basis

Three possible periods depending on defect nature:

• 1 year from delivery: finishing defects (LOE art. 17.1.c).
• 3 years from delivery: habitability defects (LOE art. 17.1.b).
• 10 years from delivery: stability or mechanical resistance defects (LOE art. 17.1.a, decennial with mandatory insurance).

In every case, the claim itself prescribes 2 years after damage manifestation (LOE art. 18.1), within the warranty period.

Claim procedure

1. Document: dated photos, videos, messages to developer with acknowledgement.
2. Technical survey: partner architect or surveyor documenting origin and repair cost.
3. Pre-litigation letter to developer (and where applicable builder + project manager) with legal basis, description and cure period.
4. Civil claim if unattended, before the Court of First Instance at the place of works.
5. Insurance trigger where applicable (decennial or payments on account).

How much you can claim

Two main routes:

• Repair in kind: developer or builder executes repair works at their cost.
• Equivalent indemnification: money for repair cost per survey, allowing you to hire your own technician.

Additionally, damages: alternative housing if habitability is compromised, furniture deterioration, ancillary costs, lost rental income.

Typical cases on Costa del Sol

The firm handles similar cases throughout Andalucía, with focus on Costa del Sol (Málaga, Marbella, Estepona, Fuengirola, Benalmádena, Mijas) and capitals (Seville, Granada, Córdoba). Each area has its own specifics (geotechnical, climatic, active developers) that the survey must consider. Foreign buyers (UK, Netherlands, Belgium, France, Germany, Nordics) are routinely attended bilingually.

FAQ