Real estate regulations in Spain are complex, not only at the national level, but also at the regional and municipal levels. When it comes to investments, there are numerous legal details that must be followed. Experts from Ecovis know how to use checklists to make real estate purchases legally secure.
Recently, the media reported the story of a famous footballer who previously played in Barcelona and currently plays in Paris, who bought a villa in Ibiza last February for eleven million euros. However, the property was missing some mandatory documents.
Spain has extensive and complicated spatial planning regulations that require you to familiarize yourself thoroughly with the legal regulations in the area when making any investment or - to avoid surprises - ask experts in the field for help.
The famous footballer's problem could have been avoided if the seller had not been a fraudster and his advisors had conducted due diligence using checklists. The cooperation of experienced experts and proper use of checklists can prevent surprises in most real estate transactions.
When purchasing real estate in Spain, numerous documents must be presented
The minimum cross-checks that must be performed in a real estate transaction in Spain begin with obtaining various general documents:
- simple registry note;
- cadastral ownership;
- certificate of occupancy;
- energy certificate;
- certificate of no debts;
- lease agreements;
- in case of a mortgage, also bank confirmation;
- taxes related to the purchase or ownership;
- illegal use of the property by squatters (Spanish "Okupas").
Specific documents required for purchasing apartments, villas or houses
Apartments:
- latest electricity, water and gas bills;
- technical certificate of the building;
- statutes of the homeowners' association (and last settlement);
- confirmation from the building manager of the absence of debts.
Villas:
- verification of data from the title deed, registry and real estate cadastre;
- encumbrances: mortgages, easements, urban conditions;
- transfer of rights in ongoing proceedings at the real estate cadastre;
- rights in favor of other persons;
- insurance related to construction;
- urban planning permit (certificate from the municipality);
- certificate of qualification from the municipal office;
- no urban planning violations;
- legal disputes concerning the property.
Houses:
- building permit and verification that what was built corresponds to the permit;
- certificate of completion of municipal works;
- declaration of completion of notarial works and registration in the real estate cadastre;
- municipal permit for first use.
Experts from Ecovis recommend paying special attention to such operations, as they may include liability for administrative sanctions, loss of deposits or down payments, surcharges and fines. Uncovering these discrepancies can help in (re)negotiating the price or directly withdrawing from the transaction.
For more information, please do not hesitate to contact us at:
JUDr. Mojmír Ježek, Ph.D.
ECOVIS ježek, advokátní kancelář s.r.o.
Betlémské nám. 6
110 00 Praha 1
e-mail: mojmir.jezek@ecovislegal.cz
www.ecovislegal.cz
ECOVIS ježek, advokátní kancelář s.r.o.
The Czech law firm ECOVIS ježek focuses its practice primarily on commercial law, real estate law, litigation, but also finance and banking law and provides full-service advice in all areas. This creates an alternative for clients of international law firms. The international dimension of the services provided is ensured through experience and cooperation with leading law firms in most European countries, the USA, and other jurisdictions. This cooperation occurs within the network ECOVIS, which operates in 75 countries worldwide. ECOVIS ježek team members have many years of experience from leading international law and tax firms. They provide legal advice to multinational corporations, large Czech companies, medium-sized companies, and individual clients. For more information please visit www.ecovislegal.cz.
