URGENT ADVICE NEEDED - IS IT A CON?

• Hello,
  
  some good friends of mine have purchased a plot of land in ANTAS, CALDAS DA RAINHA and Im very worried as it all sounds dodgy, but they wont listen to me!
  
  For example - they supposedley bought the land over a year ago but still dont have the title / land documents as they have been told this cant be done until planning permission has been obtained. Is this correct?
  
  They also have been told that the architect (who was found by the land vendor) has applied for planning permission but have no written evidence. They have also been advised by the architect (who is also recommending the builders to them) that there is a 90 day rule in which if they have not heard anything in 90days they can go ahead and build anyway - is this correct as it sounds dodgy to me ?
  
  FInally their Solictor (also recommended by the original land owner) has advised them not to go to the council themselves as they will be put to the back of the queue - is this correct?
  
  I really hope someone out there can give me some advice / help / clarification and help me stop my friends throwing their money away (unless of course it is all legitimate and Im just being overly cautious?)
  
  Thanks so much for anyone who can help
  
  Kind Regards
  
  NAtalie

  26 Mar 2007, 03:07 natalie

Replies

• Re; URGENT ADVICE NEEDED - IS IT A CON?

  Hi Natalie,
  
  From your explanation, there are some things which don't quite ring true. I am no expert on this, far from it, so all I can do is to tell you what I know and that may not be totally correct.
  
  I believe that if you have purchased a piece of land, with an approved project to build, you should not sign any contract to build until such times as the land registry has been completed and signed i.e. you [or in this case your friends] legally own it.
  
  But the thing that doesn't sound right is the planning permission part. Plenty of people have bought land that doesn't have an approved project, but if what your friend has said is correct then do all of those people not have their paperwork either? I doubt it.
  
  I think the only other piece of advice I can give can be summed up in one word: Independent. The builders, architect and solicitor are all recommended and therefore not independent. It sounds to me like they are thick as thieves and I would advise your friends to seek out another, and totally independent, solicitor immediately.
  
  I hope your friends dreams don't become a nightmare.
  
  Steve

  Steve 27 Mar 2007, 12:30 - Report

• URGENT ADVICE NEEDED - IS IT A CON?

  Hello Natalie,
  
  First of all, it is quite odd that your friends still dont have the title / land documents that they bought almost an year ago... Usually when someone bougth a plot of land or a house they go with the vendor to the "conservatória do Registo Predial" to register the property in their name, but it as been an year and they still don´t have the documents.
  
  Second, it is very important to know why the planning permission is not ready yet. Does the council allows/permit to buid in that area? Because to buy a plot of land and intent to buid there are diferent things. Your friends might just want to buy the land and have no intention of building, rigth? So, at the moment they should have the land papers in their hands!
  
  About the 90 days rule, that it might be true, but only with two conditions; a) the area were the plot of land is located has to be included in a urban constrution pallannig; b) the 90 days rule is only applied if the architect and the buiders had entered with all the paperwork at the council to have the building permission. Only then, and if the council doesn´t give an answer within 90 days, they can go ahead and build anyway.
  
  Only if this two conditins are guarantied this rule is applicable.
  
  I agree with steve when he says: Independent. It is a good option, but here in Portugal it's easier to make the processes running in the council if the architect knows the builder, and the builder knows someone inside the council, and so, and so...if you know what I mean... but it might be a excelent option to do it independently, even if your friend have to go to the council, it doesn´t mean they will be put to the back of the queue. The process it will the take the regular time to be approved.
  
  I hope this information will be useful for you and your friends, and will be pleased to gather some more information for all of you.
  
  If you need my help or anything else that I may be useful, please send me an e-mail to: [email removed]
  
  Wish the best for you and your friends.

  Jorge Lopes 17 May 2007, 07:38 - Report

• Dodgy Deals

  Your story reminds me of a UK TV series called "No turning Back". The couple emigrated to Portugal, bought this beautiful old house with all their savings, renovated it to a guesthouse only to find out that they bought into a timeshare
  
  Ouch

  William 11 Jul 2007, 07:39 - Report

• very wrong...

  the above post should be a classic example of what not to do when purchasing property or land. never use anyone recommended by the agent, ALWAYS CHECK WITH THE CAMARA at all stages of the planning process. the documents should be in the buyers posssession straight after the purchase of the land, planning permission is complicated and the house owners have to work closely with an arcitect to get things done correctly, they also need to sign the forms to submit the planning, they should be closely involved never mind not hearing anything!! no building works should be started until planning permission is appproved. take some trusted advise form forums or others that have bought land and built here.......dont loose money

  Derek 17 Nov 2007, 05:45 - Report