Buying a House in Spain IV - PropertyBlawg

Buying a House in Spain IV

by David Lorenzo on September 26, 2013


The garage is another important aspect that may influence the choice of housing  and it  can be in two different legal situations :

  1. It may be an annex. In this case owning the home will be owning the garage.
  2. The other option is to be an independent registered property whose purchase , therefore, must be done separately . Although  to save costs  you can use the same Deeds.

One of the earlier reports is to check the situation of housing in urban terms ,if future development plans pending approval, public consultation phase or performance may affect the property.

In the Land Registry are inscribed all acts and contracts relating to property and other property rights . The Registry identifies who is the current holder if the property is encumbered by a mortgage or some other right as embargoes, leases, options, etc.

You must ensure that housing is a day in payment of taxes, census, etc.

If the property is encumbered by a mortgage in which you do not want subrogation or any other burden, the seller must cancel before the signing.
You must apply through the administrator of the ownership for a certificate certifying that the property is the Updated of payment to the community.

The notary must record such certificate is provided. Find out if there are extraordinary expenses provided, any work or rehabilitation, lift, facade, etc. which causes future costs.

You must also take into account the monthly expense of community and the number of neighbors
Of course, Owners pay taxes, so It is important to know the payment status of Property Tax (IBI ) . The cadastral reference is obligatory in writing and in any case it is required for registration in the Registry .

If the home you want to buy 2nd hand is before you buy will have to check the following documentation:

  1. Transferring property title.
  2.  Last year IBI receipt (Property Tax or Contribution Urbana ) .
  3. Certificate owners community stating that the seller is aware of paying community fees
  4. Estate Ownership and housing charges ( Note Simple Property Registry ) .
  5.  Last receipts in payment services : water, electricity , gas, etc.
  6.  ITE Technical Inspection of Buildings , regulates the conservation of buildings. Compulsory in some Autonomous Communities , in homes with more than 20 years.

If you buy a home in promotion , available information varies a little since there the homeowners , usually be delivered once all homes . Nor is there the IBI , and the Register may appear only the source property , without identifying each of the homes because the promoter has not yet done the “Horizontal Division “.

  1. Name and address of the promoter , address and registration information in the Registry.
  2.  Property location maps and housing .
  3. Property description : living area, services and supplies , common areas, security measures, etc.
  4. Building specifications .
  5. Property Data entry in the Registry of Property.
  6.  Contract with general and special conditions ( price , payment , delivery …)

I hope all these articles help people looking for their ideal home in Spain to get it smoother, but if you need more help, do not hesitate to contact me.

David Lorenzo-Spanish Lawyer UK
Spanish Law | Birchall Blackburn  


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