Acquisition of housing, always a responsible and difficult decision, especially when it comes to another country, the laws that you do not know. Let's figure out how to check the property when buying in Spain?
Of course, we understand that this is a necessary legal procedure. It does not matter whether it is the acquisition of a commercial or residential premises, for safety net loss of finances and to protect your nervous system, it is recommended to check, so to speak, “cleanliness”. No matter how the transaction is executed, through a trusted agency or by purchasing housing from a bank, it is imperative to obtain information about the object of interest, its status, judicial and other encumbrances. Find out whether there are arrears of payments and tax debts. If debt obligations were discovered, they should be spelled out in the bill of sale, and the receipts are attached to the file.
The duties and tasks of Spanish notaries include such an audit. Note that the examination of the secondary housing and apartments in the new building, has significant differences in specificity.
Consider these differences
Apartment in new building, what to consider:
- Issued and signed by a technical architect, the act of completion of installation and construction works.
- The certificate on the condition and status of the premises, this confirms compliance with the quality standards established by law. You will need it in the future when concluding a deed with all public utilities.
- License - permission for initial settlement.
- Garantía obligatoria - warranty period of 10 years. Issued for the case of identifying deficiencies in the process of living, the elimination of structural defects.
- A license to carry out construction work, it is advisable to get acquainted with it in order to own information on the basis of which the developer worked.
Secondary market, what is required:
In this case, a more thorough check is required. It will be necessary to request more information for auditing in various instances and government bodies.
So what is required:
- Escritura pública notarial- notarial contract confirming the ownership of the seller. Thus, you will be sure that the seller is the owner or he is a co-owner, everything will be recorded in the contract.
- Request an extract from the Register - Registro de Propiedad, via the Internet or at the location of the Registry branch. It is recorded, on whom the property is registered, the name of the seller and all encumbrances will be marked, for example, arrest on the basis of a court decision, a loan. If there are no such problems, according to the documents it will be seen that the property is “clean” from restrictions.
- Ensure that the apartment is not rented. In this case, as a new owner, you accept all the obligations of the owner to the tenants. And you will comply with the conditions of the signed lease agreement, until its expiration. Therefore, be sure to find out this fact.
- Request a special certificate and inventory information. It spelled area, legal title, location and so on. And also a plan - Certificación catastral descriptiva y gráfica. Any interested buyer or legal entity may request it.
- Get information on real estate taxes. Taxes are paid by the owner, which is entered in the property register, it happens once a year from August to October. You can get an extract at the municipal tax office and make sure there are no debts.
- Ensure that there are no arrears in contributions to the condominium-housing management association. It can be obtained from the employee of the management company - Administración de fincas or from the secretary of the board.
- Familiarize yourself with the charter of the housing society, the regulations of the company’s activity, the norms of behavior, the rules for the implementation of construction works are written here. Such as, a ban on individual construction changes that may violate the architecture of the building (installation of antennas, sun shades, the color of which is not approved) and so on.
- The owner must have an energy certificate. If there is none, be sure to get it. It shows the coefficient of energy saving, energy efficiency of the object. The notary checks his presence at the time of signing the deed and attaches it to the case.
As we see in this difficult matter there are a lot of nuances, therefore it is reasonable to turn to professionals who have been successfully selling real estate in Spain for many years. Prepare a complete package of documents, will conduct a thorough review. You will save your time and nerves. Purchase must be enjoyable.