You should have a word with a Spanish lawyer prior to taking a look at property available in Andalucia Spain. Prepare a few questions before the call .Most lawyers will be happy to talk to you because there is the promise of a transaction for them at the end of the day.
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 are likely to be mortgages costs or a notice of attachment known as the "Hipoteca o anotacion de embargo". To clear all potential risk , you should ensure there are no outstanding financial obligations. Property charges may actually be chargeable to the property, not to the existing owner, which you are bound to take on board. A full investigation is required to reduce any potential risk here.
Finally investigate any existing "servidumbre" which are rights in favour of a third party, like a neighbour. These may infringe on what you consider to be 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.
None of our suggestions are to be considered as legal advice. What we can say is that if you pick up the phone and talk to a lawyer they are likely to be very helpful because at the end of th process they may be able to act for you and charge you a fee. So do not be embarassed to ask questions - 16492
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 are likely to be mortgages costs or a notice of attachment known as the "Hipoteca o anotacion de embargo". To clear all potential risk , you should ensure there are no outstanding financial obligations. Property charges may actually be chargeable to the property, not to the existing owner, which you are bound to take on board. A full investigation is required to reduce any potential risk here.
Finally investigate any existing "servidumbre" which are rights in favour of a third party, like a neighbour. These may infringe on what you consider to be 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.
None of our suggestions are to be considered as legal advice. What we can say is that if you pick up the phone and talk to a lawyer they are likely to be very helpful because at the end of th process they may be able to act for you and charge you a fee. So do not be embarassed to ask questions - 16492
About the Author:
Tips and articles on buying Andalucia property Spain. Further details on buying property for sale Costa Blanca Spain. Site also holds an audio of a discussion with an English/Spanish solicitor who lives in Spain.
