Property check before purchase Real Estates in Spain and on the Costa Blanca

Title Deed (Escritura de Compraventa): This document confirms that the seller is the lawful owner of the property. Carefully verify if the seller is the registered owner and if the property description is correct.

To find out if a property in Spain has any encumbrances recorded in the land registry, you need to consult the “Registro de la Propiedad” (Land Registry). This is where all legal and financial information about a property, including any encumbrances, is recorded.

The following steps can help you with the verification:

Identify the relevant Land Registry office:
Each property is assigned to a specific Land Registry office. You can determine the appropriate office based on the location of the property.

Request a “Nota Simple”:
The “Nota Simple” is an official document that provides an excerpt from the land registry. You can request this written information about the property from the relevant Land Registry office. Typically, this can be done online or in person, and a small fee is usually charged.

Review the “Nota Simple”:
In the “Nota Simple,” you will find information about the current owner, the precise description of the property, and any encumbrances such as mortgages, liens, or other debts. Make sure to carefully review this information.

Have the “Nota Simple” reviewed by a lawyer:
To ensure that you interpret all the information correctly, it is advisable to have the “Nota Simple” reviewed by an experienced lawyer. The lawyer can help you identify potential risks or uncertainties and take appropriate actions.

Verifying the Land Registry is an important step when purchasing a property in Spain to ensure that there are no encumbrances or legal issues. An experienced lawyer or real estate expert can assist you in this process and provide comprehensive advice.

Yes, as a property buyer of a new construction property in Spain, it is advisable to obtain a copy of the construction permit. The construction permit is an important document that confirms the legal authorization for the construction of the property. It ensures that the construction project complies with legal and building regulations.

The construction permit verifies that the authorities have reviewed and approved the project. Therefore, it is recommended to obtain a copy of the construction permit and carefully review it to ensure that the property has been built legally and properly.

In the case of a new construction, the builder or developer should be able to provide you with a copy of the construction permit. If you have any doubts or uncertainties, you can also seek independent legal advice to ensure the validity and accuracy of the construction permit.

The presence of a valid construction permit is an important protection for the property buyer to ensure that the construction project is legal and meets the appropriate standards.

Yes, as a buyer of a property in Spain, it is important to ensure that all taxes, fees, and public charges associated with the property have been paid. This is crucial to avoid potential legal and financial issues in the future.

There are various taxes and fees that may apply when purchasing a property in Spain, such as the transfer tax (Impuesto sobre Transmisiones Patrimoniales), property tax (Impuesto sobre Bienes Inmuebles), land tax (Impuesto sobre el Incremento de Valor de los Terrenos de Naturaleza Urbana, also known as “Plusvalía”), and, if applicable, value-added tax (Impuesto sobre el Valor Añadido, IVA) for new construction properties.

It is important to ensure that the seller has properly paid all of these taxes and fees. As a buyer, you have the right to request information regarding the payment of these taxes and fees. This can be done by verifying the relevant receipts or certificates.

It is strongly recommended to seek the assistance of an experienced lawyer or a professional specialized in real estate law when purchasing a property in Spain. They can ensure that all legal and financial aspects of the property purchase are reviewed, including the payment of all taxes and fees.

By carefully examining and securing matters related to taxes and fees, you, as a buyer, can ensure that you are acquiring a property free from debts and legal encumbrances.

Yes, according to Spanish legislation, you need an energy certificate (Certificado de Eficiencia Energética) when purchasing a property in Spain. The energy certificate is a document that assesses the energy efficiency of the property and provides information about its energy consumption and CO2 emissions.

The energy certificate is legally required and must be issued by an authorized energy assessor. It evaluates the energy efficiency of the property on a scale from A (highest efficiency) to G (lowest efficiency) and provides recommendations for improving energy efficiency.

The energy certificate must be provided to the potential buyer before the sale of the property. It should be requested and examined during the sales process to ensure that the property meets the required standards.

It is important to note that while the energy certificate is required for the purchase of a property, it should not be the sole basis for making a purchasing decision. Rather, it is an informational document that gives you an idea of the property’s energy efficiency.

It is recommended to seek the assistance of an experienced lawyer or real estate expert when purchasing a property in Spain. They can ensure that all legal requirements are met and provide guidance regarding the energy certificate if you have any questions.

If you want to buy a condominium in a residential community (Comunidad de Propietarios) in Spain, you will need various documents. Here is a list of the most important ones:

“División Horizontal” (Horizontal Division): This document contains the legal division of the building into individual condominiums. It shows the precise division of the units and the corresponding common areas.

“Estatutos de la Comunidad” (Community Bylaws): This document contains the rules, regulations, and obligations of the community. It establishes internal rules of conduct and decision-making processes.

Minutes of the Community Meetings: The minutes of the community meetings provide information about the resolutions adopted in the meetings, as well as any agreements, changes, or decisions concerning the community.

Community Financial Statements: It is important to review the current and past financial statements of the community. These show the costs related to maintenance, repairs, insurance, and other communal expenses.

Tax and Legal Documents: Verify the community’s tax payments and compliance with legal requirements. This includes the payment of community taxes and the registration of the community with the relevant land registry office.

It is advisable to seek the assistance of an experienced lawyer or real estate expert before purchasing a condominium in a residential community. They can help you review the necessary documents, identify potential risks, and ensure that you receive all relevant information to make an informed buying decision.

Yes, it is extremely important to be cautious about whether the apartment or house is occupied or inhabited when buying property in Spain. Checking the occupancy status is a crucial step to avoid unwanted legal and practical issues.

If a property is occupied or inhabited, it can have various consequences. For example, there might be tenants living in the property who have a valid lease agreement and thus possess certain rights and claims. In some cases, there could also be unwanted occupants who may require legal actions to remove them from the property.

It is recommended to take the following actions before buying property in Spain:

Inquire with the seller or real estate agent: Clearly establish whether the property is occupied or inhabited. Obtain clear information about the current condition of the property and the presence of tenants or occupants.

Verify the lease agreements: If the property is rented, request a copy of the lease agreement and review the contract terms, including the duration and rights of the tenants.

Consult with a lawyer: It is advisable to consult with a lawyer or a real estate professional who can assist you in verifying the occupancy status. A lawyer can take the necessary legal steps to ensure that the property is free from occupants or unwanted tenants upon transfer.

It is important to note that clarifying the occupancy status should be done before the purchase to avoid potential legal and financial risks. Thoroughly examining the occupancy status will give you the assurance of acquiring the property free and unencumbered.

When purchasing property in Spain, you generally have a right of withdrawal after making a down payment. The right of withdrawal allows you to terminate the purchase contract and request a refund of your down payment under certain conditions. Here are the key points to consider:

Timeframe: The right of withdrawal usually applies for a limited period after signing the purchase contract or making the down payment. The exact timeframe may vary, but it is typically limited to 10 days.

Written notification: To exercise your right of withdrawal, you must send a written notification of your withdrawal to the seller or the sales agent. It is important that this notification is sent within the specified timeframe.

Refund of the down payment: If you exercise your right of withdrawal, you are entitled to a refund of your down payment. The seller is obligated to refund the down payment within a certain period.

However, it is important to note that there may be exceptions and specific conditions that can affect the right of withdrawal. For example, the right of withdrawal may not apply if the purchase contract includes an explicit clause excluding withdrawal. Therefore, it is advisable to carefully review the purchase contract and seek legal advice if necessary to clarify your specific right of withdrawal.

It is strongly recommended to seek the assistance of an experienced lawyer or real estate professional when purchasing property in Spain. A lawyer can provide comprehensive information about your rights and obligations and assist you with all legal aspects of the withdrawal process.