Spanish Real Estate Myths
About pools that haven`t been registered, underbuilds that are not mentioned in the property deed, fines you have to pay, constructions you need to demolish, land where you can’t built, outstanding water- or electricity bills you are obliged to pay…
First rule: Find a good and trustworthy real estate agent. He will not only listen to your wishes and find the perfect property for you but he will advise you to appoint a lawyer when buying a property in Spain and he will assist you during the complete process.
Problems occur when you don’t appoint a good and experienced lawyer to investigate all the documents when buying a property.Unlike most other countries, the notary in Spain doesn’t have an investigative duty; he only documents what is stated in front of him. That is why you should always appoint a lawyer who will investigate if all legal requirements are fulfilled, who will act on your behalf and can be held responsible.
Your lawyer will check whether all existing constructions and structures (for example swimming pool, exterior kitchen, terrace, garage, underbuild,…), plot square meters,
build square meters, etc. actually occur on the existing property deed, that everything has been registered at the Property Registration Office and is according to the Land Register. He will also investigate if there are any municipal or urban restrictions or changes or plans for future zoning. Payments of all taxes will be checked and the same goes for services like water, electricity, garbage collection and communal fees.
Keep in mind that most of the occurring irregularities can be rectified at the moment of the sale and at that point your lawyercan make sure that all related costsand outstanding bills will be paid by the current owner or even retained from the sales price and paid directly to the according instances.
In the very rare situation that an irregularity is so severe and that no solution can be found, your lawyer will advise you not to go ahead with the purchase.
Besides all these services, your lawyer will tell you which documents you need to provide from your country, will help you with the documents you need to obtain in Spain and will make sure that the reservation contract, sales contract and property deed that you will sign, are correct and in accordance with the Spanish law. He can transfer water, electricity, garbage collection, taxes,etc. onto your name and help you with a Spanish bank account.
In short, a good real estate agent and lawyer will work together to insure you that buying a property in Spain will be a nice experience and cannot turn into a nightmare!