A good Spanish property agent should give someone buying overseas the contact number of a practicing solicitor who is experienced and has carried out many deals in residential property in Spain. There are even some English lawyers who do conveyancing in Spain. Here are some things you might choose to ask your estate agent or seller.
The Catastro Registry will show who the property is registered to.The UK equivalent of this is the Land Register where properties and their owners are listed on the Register. Proof of registration is essential. Also has the registration been carried out properly? Is the description, the land area for the property and its boundaries correctly declared?
1.Who has the title to the property? Very often properties in Spain are owned by more than one person from the same family, for example when the property is passed down from generation to generation. So when it is to be sold, permission is required from all who own it. If a commercial company holds title to the property then there are extra measures required to ensure the transfer is in order.
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.
The last step in this initial process is to investigate any existing "servidumbre" which are rights in favour of a third party, like a neighbour. These rights may overlap what you consider your property.
Here are three often asked questions. How do the Spanish authorities classify land? There are in fact, 3 types of category for planning : 1. Suelo no urbanizable o suelo rstico. Here the land is not available for developing and no building is permitted. 2. Suelo urbanizable In this category, buildings are simply not allowed on this type of land. The owners have development duties. 3. Suelo urbano. In this category of land, building is allowed in strict accordance with the local General Plan (Plan General De Ordenacion Urbana) and what that allows to be constructed in the general area of the property. Properties built on urban land should be bought and even then, but do have your solicitor check that building activity that is being implemented, is or was carried out in accordance with the Plan General De Ordenacion Urbana guidelines.
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. - 16752
The Catastro Registry will show who the property is registered to.The UK equivalent of this is the Land Register where properties and their owners are listed on the Register. Proof of registration is essential. Also has the registration been carried out properly? Is the description, the land area for the property and its boundaries correctly declared?
1.Who has the title to the property? Very often properties in Spain are owned by more than one person from the same family, for example when the property is passed down from generation to generation. So when it is to be sold, permission is required from all who own it. If a commercial company holds title to the property then there are extra measures required to ensure the transfer is in order.
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.
The last step in this initial process is to investigate any existing "servidumbre" which are rights in favour of a third party, like a neighbour. These rights may overlap what you consider your property.
Here are three often asked questions. How do the Spanish authorities classify land? There are in fact, 3 types of category for planning : 1. Suelo no urbanizable o suelo rstico. Here the land is not available for developing and no building is permitted. 2. Suelo urbanizable In this category, buildings are simply not allowed on this type of land. The owners have development duties. 3. Suelo urbano. In this category of land, building is allowed in strict accordance with the local General Plan (Plan General De Ordenacion Urbana) and what that allows to be constructed in the general area of the property. Properties built on urban land should be bought and even then, but do have your solicitor check that building activity that is being implemented, is or was carried out in accordance with the Plan General De Ordenacion Urbana guidelines.
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. - 16752
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Guides and articles on purchasing Andalucia property Spain. Fuller details on purchasing property for sale Costa Blanca Spain. Site also contains an sound track of a discussion with an English/Spanish lawyer based in Spain.
