miércoles, 08 de julio de 2020
REQUIREMENTS FOR THE PURCHASE OF HOUSING IN SPAIN
From our Real Estate Agency in Teulada, Marti Projects S.L. We want to echo the transmission of this important and interesting information for the purchase of a home in Spain
01 SAFE PURCHASE OF HOUSING IN SPAIN
The Ministry of Development together with the College of Property Registrars have prepared a simple and brief document with the different steps and recommendations that an individual must follow when buying a home in Spain.
In the Spanish legal system there are a series of documents that certify the complete legality of a home. Make sure you have all of them before you buy:
1.1 Works license and certification of the competent technician on the education of the building to the license granted and to the project approved by the city council.
1.2 Building first occupancy license, habitability certificate or other administrative authorizations that establish that according to the law the dwelling is habitable.
1.3 Bulletins subscribed with the companies supplying basic services (electricity, water, gas and telephone).
1.4 Registration in the Property Registry of the building (new construction), as well as the existence of the insurance provided by the Law against defects or hidden defects in construction.
1.5 Certificate of the Property Registry on the legal situation of the home.
1.6 Statutes of the Community (or registration in the Property Registry of the deed of finished new work and the horizontal division.
02 ALSO, WE RECOMMEND:
2.1 In case of new construction
Require the promoter a certificate from the Mercantile Registry that proves the existence of the company, its registration data, the administrators and / or operators, the registered office, the NIF, as well as that there is no inscription of bankruptcy procedure, and a statement on the nonexistence of claims, litigation or any contingency that could affect the promotion.
2.2 In the case of used housing
Ask for the receipt of the last annuity of the property tax (IBI), a certification signed by the president of the community of owners with the approval of the secretary of the building showing that the house is up to date with all payments, as well as a formal statement and in a public document that there are no rental contracts established on the home.
03 When buying your home
There are a series of steps that will allow you to acquire it with full guarantees:
3.1 Review the housing situation by going to the Land Registry
The Property Registry is a state agency and the Registrars are public officials, who will inform you verbally for free and who have the capacity to issue certificates on the situation of the properties.
3.1.1 In the Property Registry you will obtain the following information related to each dwelling: Description of the dwelling, its situation, surface, share of co-ownership in the horizontal property, administrative regime that could affect it (eg if it is a dwelling of official protection).
The mortgages for which the home is responsible and the term to maturity, and figure by capital, interest and costs.
The embargoes to which it is subject, any litigious situation that affects it, as well as whether there is an ongoing procedure for urban irregularity.
You can also obtain information, if you expressly ask, about the statutory regime of horizontal property, the clauses of mortgages, the price paid in previous transfers or the title of acquisition.
3.1.2 The Property Registry can provide you with this information: in the form of a simple informative note, which has a purely informative value, or a certification of domain and charges, which is a public document.
3.1.3 In Spain, any Property Registry can provide you with these documents: Regardless of the municipality in which the property is located. In addition, you can request this information by fax, ordinary and electronic mail and through the website of the College of Registrars www.registradores.org.
3.1.4 To obtain these certificates: you will be asked to identify yourself and to provide some type of document that allows you to identify the home about which you are requesting information: you already have the registration data: registry property number, section, municipality; data of the holder: name, surname; the company name, NIF / CIF; or other simple data such as street and number.
3.2 Study existing mortgage charges
In addition to the legality requirements, it is important to pay attention to whether the home you are going to purchase has a mortgage (in which case it will be stated in the Land Registry). In case you think so, we recommend that you:
3.2.1 Ask the seller: a certification from the bank with the amount pending payment.
3.2.2 Negotiate with the bank an improvement in the interest rate. You are not obliged to assume the mortgage loan contracted by the seller under the same conditions, but you can demand its cancellation or obtain a new loan from the entity.
3.3 Go to a notary to make the sale
3.3.1 Notaries are also public officials: independent, who grant the public faith and who have the obligation to advise the parties at the time of the sale, informing them about the law that applies to them. In addition, they are in charge of drafting the contract according to what the parties want, adjusting it to the law, and which takes the form of a public deed.
3.3.2 The public deed is essential to: register it in the Property Registry and benefit from the security that it grants you and that we explain in point 5.
3.3.3 The Notary, before authorizing the sale: will request a simple informative note from the Property Registry, so at that moment he can revise the legal situation of the property.
3.3.4 If you have any questions: ask the Notary before signing, their role is to advise you.
The sale contract may have been previously formalized by both parties in a private document, but it will not have all the legal guarantees if it is not submitted to a public deed.
In Spain, the Notary intervenes at the time of the sale, but can also advise you in advance, as can lawyers and agents in your country of origin.
3.4. Be sure to pay the applicable sales tax
The purchase and sale in Spain is associated with the payment of certain taxes:
3.4.1 In the case of buying a new home: you must pay the seller the Value Added Tax.
3.4.2 In the case of buying a used home: you must pay the Property Transfer Tax through one of the banking entities identified by the Administration.
3.4.3 In both cases, if you buy through a mortgage, you must satisfy the Documented Legal Acts Tax in an account of the Public Treasury through the collaborating banking entities.
3.5. Register as homeowner in the Land Registry
Once the sale has been made and taxes paid, go to the Property Registry corresponding to the location of the house to register it. Registering is not mandatory, but if you do, the buyer will be fully protected as the owner:
3.5.1 What is recorded in the Registry is presumed to be true and could only be modified by a judge.
3.5.2 No one may claim against you a right to housing that was not already listed in the Register at the time of the sale and if someone wants to register a document they could only do so with their consent or by a judicial procedure in which there is been a part.
3.5.3 You will be protected against the seller,s creditors and against any charge that may appear without being registered in the Registry.
3.5.4 You would be protected even if a judge determines that the contract by which the person who sold you the home acquired it is void for a cause that is not recorded in the Registry.
3.5.5 In addition, you should know that according to Spanish laws, the seller is bound by the hidden defects at the time of the sale of the home and that they appear later, even if they are not known. This means that:
a) 3.5.5 If the home does not meet the quality objectives in the interior living space set by current legislation, the buyer has the right to either renounce the sale (paying the seller the expenses he paid) or to a discount in the price, established by official experts.
b) 3.5.5 It may hold the developer, the builder and the technical management of the building responsible for structural construction defects that may appear over a period of 10 years; for damages that affect the habitability of the building for a period of 3 years; and for damages caused in finishing defects for a period of 1 year.
c) 3.5.5 The Spanish Law requires that the possible responsible parties have an insurance that guarantees that, if necessary, they can collect the compensation without problems.
The information and comments contained in this article do not constitute any legal advice.
For more detailed information, contact our company.