In the process to buy a resale in Spain there are important aspects to consider. A buyer will need to go through some documents, and it’s better if you do it together with the experienced professionals.
- It is crucial to check whether the seller is the true owner of the property. Sometimes, the vendor is selling a property without all the legal conditions to do it, because the property cannot be on his own name (maybe there is a process of inheritance to complete, a mortgage, an embargo, etc). The buyer should also seek ownership history if the property has changed hands multiple times.
- You will need Nota Simple, an official report obtained from the Land Registry of Spain (Registro de la Propiedad) that contains information pertaining to the legal status of the property.
- You should also check that the property is as described and structurally sound. Certificación catastral will ensure that the property is duly registered and check that the size and conditions are the same ones as described.
- Ensure that the seller doesn’t have any dues pending to the society or against the house which you may have to pay later. There must be no outstanding debts, such as a mortgage, property tax, community-based payments, etc. This is especially important in Spain, as debts are attached to the property and transfer with the ownership.
- You will need the information from the property register about the lease or rent agreements. A new owner cannot evict the tenants until the date mentioned in their contract.
- Why you need an Energy Performance Certificate read here Energy Certificate
If you are thinking of buying a beachside property then bear in mind a law you should be aware of. The Spanish Coastal Law (Ley de Costas 1988) set out to protect the shore by turning all beaches into public land prohibiting building of new residential zones within 100 metres of them. The urban-planning rules in Spain have often been ignored, and over the years hundreds of thousands of properties have been illegally built close to the beach. Being a celebrity doesn’t help – the property of Antonio Banderas in Los Monteros has been affected by this and part of his luxury villa was demolished (even though it was not his fault but the previous owner’s). The new amendment allows to keep about 24.000 illegally constructed facilities in Spain, hotels and restaurants, but their owners have to pay an additional tax, 6% of the cadastral value.
And the last but not the least thing. It is a good idea to have a careful technical survey/inspection of the property you are interested in done. This way you can be aware of the current state of the property.