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Buying a property in Spain

Buying a property in Spain

If you going to buy a property in Spain: A house, apartment, flat or chalet you need to take into consideration the following things: 

  • The buyer may exceed that the the promotion made by the seller is followed through. Make sure that the correct insurance policy has been used to cover any damages or defects to the property. 
  • Inform yourself of the correct business registration for constitutional data of the company that is promoting. In this case, make sure the correct registry of the property and if the land where construction will take place has the same name.
  • If the sale is made over plans, at the moment of handing over the property, an act should be recorded that the promoter will make available to the buyer “Building book” and the licenses or authorisations for its first occupation.
  • Check the general plan of the property, the electrical system, the installations of water, gas, heating, security measures etc.
  • Check if the property has a certificate of efficient energy. This implies the cost of energy of the property.
  • Verify the inscription of the real estate in the property registry. Solicit a simple summary that serves as information only or a certificate of Domains and charges which is a public document. Find out if the property has any charges or liens or if its subject to any special regime, if there is any prohibition to sell, if there are tenants or holders, make sure if there are communal costs and if there are any dues (solicit a certificate emitted by the administrator of the farm with the go ahead of the president), if the tax payment for real estate (IBI) in the case of used properties, and others.
  • Solicit the license for First Occupation, an administrative document that proves the suitability of housing and its required destination, certificate of occupancy, the plans of the property and the quality memories and other administrative authorisations.
  • Request the community statutes (verify if any prohibitions exist in the statutes) or if the inscription in the Property Registry of the deeds of work finished and the horizontal division.
  • Solicit information of the legality of the works done and the previous properties such as: Enclosure of terraces, modified distribution of the areas, etc.
  • Verify that the real estate agent obtains an insurance for civil responsibility.
  • Before formalising the deeds in a notary office, a contract of deposit could be signed. The documents can be confirmatory or penitential.
  • The contract for buying-selling of a property means the release of the keys from tree seller (signed in a public notary) and the payment of the cost by the buyer.

Wendy Dávila, Spanish Lawyer – Languages: Swedish and English

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