The most important advice that a Spanish property agent could give anyone buying overseas is to talk to a practicing solicitor who is experienced and has carried out many deals in residential property in Spain. Here are some suggested questions to ask your estate agent or seller and what kind of answers you should expect.
The legal process involves checking at the Catastro Registry which shows the property owners name. The UK equivalent of this is the Land Register. Proof of registration is of course, essential. It ensures not only that the property is registered but also that is has it been carried out correctly.
1.Who owns the property? You often find that properties in Spain are owned by several people from the same family, often happening when the property is passed down form one generation to the next. So when it is sold, permission is needed from everyone who owns it. If a company owned the property then there are extra precautions needed to make sure the transfer is correct.
2. Outstanding charges. There may be, for example, mortgages charges or a notice of attachment known as the "Hipoteca o anotacion de embargo., to use the Spanish terminology). In order to clear future risk when you take ownership, you need to make sure there are no financial obligations still outstanding. Often property charges can actually be attached to the property, not the existing owner, which you would be taking on board. So investigation is needed to minimise or remove this risk.
This initial process requires you also check the "servidumbre", rights in favour of a third party, for example a neighbour. The rights may conflict with what you think are your rights to your property.
Three Frequently asked questions. How do the Spanish authorities classify land? There are 3 categories for planning : 1. Suelo no urbanizable o suelo rstico This means the land is not for development ad no building is allowed on it 2. Suelo urbanizable In this category, buildings are not allowed on this type of land. Owners have certain development duties. 3. Suelo urbano (urban land) In this category of land, building is authorised and must be in accordance with the local General Plan (Plan General De Ordenacion Urbana) and what that allows to be built in the general area where the property is located. Clearly, only properties built on urban land should be bought and even then, you must check that building activity is or was carried out following the Plan General De Ordenacion Urbana ruling and regulations.
Our tips are not legal advice and you should always talk to a good lawyer who will follow the needed steps to the letter of the law and safeguard you. We give you some topics for thought as you browse the internet for available Andalucia properties.
The legal process involves checking at the Catastro Registry which shows the property owners name. The UK equivalent of this is the Land Register. Proof of registration is of course, essential. It ensures not only that the property is registered but also that is has it been carried out correctly.
1.Who owns the property? You often find that properties in Spain are owned by several people from the same family, often happening when the property is passed down form one generation to the next. So when it is sold, permission is needed from everyone who owns it. If a company owned the property then there are extra precautions needed to make sure the transfer is correct.
2. Outstanding charges. There may be, for example, mortgages charges or a notice of attachment known as the "Hipoteca o anotacion de embargo., to use the Spanish terminology). In order to clear future risk when you take ownership, you need to make sure there are no financial obligations still outstanding. Often property charges can actually be attached to the property, not the existing owner, which you would be taking on board. So investigation is needed to minimise or remove this risk.
This initial process requires you also check the "servidumbre", rights in favour of a third party, for example a neighbour. The rights may conflict with what you think are your rights to your property.
Three Frequently asked questions. How do the Spanish authorities classify land? There are 3 categories for planning : 1. Suelo no urbanizable o suelo rstico This means the land is not for development ad no building is allowed on it 2. Suelo urbanizable In this category, buildings are not allowed on this type of land. Owners have certain development duties. 3. Suelo urbano (urban land) In this category of land, building is authorised and must be in accordance with the local General Plan (Plan General De Ordenacion Urbana) and what that allows to be built in the general area where the property is located. Clearly, only properties built on urban land should be bought and even then, you must check that building activity is or was carried out following the Plan General De Ordenacion Urbana ruling and regulations.
Our tips are not legal advice and you should always talk to a good lawyer who will follow the needed steps to the letter of the law and safeguard you. We give you some topics for thought as you browse the internet for available Andalucia properties.
About the Author:
Guides and articles on buying Andalucia property Spain. Further details on buying property for sale Costa Blanca Spain. Site also contains an audio of a discussion with an English/Spanish solicitor based in Spain.
Posts
No comments:
Post a Comment