Case #SPP-2026-001 — MASA Real Estate, Gran Alacant
Dutch buyer · €203,500 purchase · 21 months without habitability documentation · electricity disconnected · tenant in hotel · documented damages €52,060 and growing.
Summary
On 26 August 2024, a Dutch buyer signed the public escritura for apartamento Gala Alto 75 in Urbanización Monteymar II, Gran Alacant () — purchased from MASA Infraestructura S.L. for a total of €203,500 (incl. IVA). The property was sold as terminada de obra with the contractual promise that the architect would issue a habitability certificate if the Licencia de Primera Ocupación had not been granted at delivery.
Twenty-one months later, neither the Licencia de Primera Ocupación nor the architect's certificate has been delivered. On 21 April 2026, the electricity supply was disconnected by the distribution operator i-DE — citing the absence of a definitive registration of the supply, which itself depends on the LPO. The tenant at the property has been in hotel accommodation since.
2. No Licencia de Primera Ocupación after 21 months from escritura
3. No tourist licence (administratively dependent on LPO)
4. Active rental income loss and hotel costs accumulating daily — per Spanish jurisprudence, 3-6 months is the reasonable LPO term; MASA stands at 21 months ≈ 7× reasonable term
Parties
| Buyer | B.W. van der Ark Holding B.V. (Netherlands) — NIF available in restricted lawyer zone |
|---|---|
| Seller | MASA Infraestructura S.L. — CIF B82708017 — C/ Princesa 2, 28008 Madrid |
| Notary | [Notarial protocol available on request via lawyer zone] |
| Distributor (electricity) | i-DE, Redes Eléctricas Inteligentes S.A.U. |
| Supplier (electricity) | Iberdrola Clientes S.A.U. — CIF A95758389 |
| Buyer's legal counsel | Spanish law firm in Alicante |
Timeline
| 27 October 2023 | Reservation signed · €6,000 paid |
|---|---|
| 20 November 2023 | Preliminary purchase contract signed · €44,875 paid |
| 26 August 2024 | Public escritura · final €152,625 paid · total €203,500 |
| October 2024 | First defects reported · no acta de recepción issued |
| May 2025 | Verbal commitment from MASA management — no written confirmation |
| December 2025 | MASA staff confirms via WhatsApp that LPO has not been filed (15 months after escritura) |
| 21 April 2026 | Electricity disconnected — obra status expired (contract cancelled 2024) |
| ±9 May 2026 | Independent real-estate broker (on behalf of buyer) phones MASA regarding Iberdrola contract cancellation. The distributor i-DE cites the absence of definitive registration of the supply, which depends on the LPO. Transfer documentation between promoter, distributor and supplier is under review. |
| 22 May 2026 | Independent broker actively mediating since ±9 May with i-DE (distributor) and Iberdrola Clientes (commercial supplier), via a contact at an authorised electrician — internal resolution path due to technical complexity. |
| 22 May 2026 | Public dossier published — counter-statement invited |
Evidence on file
Documentation supporting this case is available in two forms: anonymised public summaries (below) and full non-redacted originals available to authorised legal counsel through the restricted lawyer zone.
Preliminary purchase contract
20/11/2023 · 9 articles · €185,000 + 10% IVA
Public escritura
26/08/2024 · Notarial protocol on file
Iberdrola supply contract
CUPS ES0021000043131439EL · disconnected 21/04/2026
WhatsApp correspondence
~340 messages over 19 months · 6 fragments published
Bank statements
3 transfers to MASA totalling €203,500
Hotel invoices (tenant)
32 nights at €80/night since 21/04/2026
Damages calculation
| Tenant hotel accommodation | 32 nights × €80 = €2,560 |
|---|---|
| Mandatory electrical inspection (self-funded) | €500 |
| Gross rental potential — low/mid/high season (4+4+4 months × €1,500/€2,500/€5,000) | €36,000/year |
| Received fixed-tenant rent (fallback — no tourist licence possible) | −€11,400/year (€950/month) |
| Net rental loss per month | €2,050/month |
| 21 months net rental loss since escritura (26-08-2024) | €43,050 |
| May 2026 — fixed tenant did not pay (additional loss) | €950 |
| Generator, legal, travel, communication | ±€5,000 |
| Total documented direct damages | €52,060 |
| Ongoing damages per month while LPO not granted | €2,050/month net rental loss |
| Ongoing damages per month while electricity disconnected (tenant in hotel) | €2,400/month (€80/day × 30) |
| Expected LPO timeline per legal advice | possibly only 2027 — i.e. €31,150+ additional damages until resolution |
Counter-statement from MASA — right of reply actively invited
Response from MASA Real Estate — right of reply actively invited
Contact: digitaleweg@gmail.com — subject: "RESPONSE Case #SPP-2026-001".