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juanida wrote on Sun Apr 3, 2022 2:41pm:
What you need to know are the following details:
- The property should have deeds in which the house also pool, outbuildings, such as garage (if aplicable) appear on the deeds AND with the proper dimensions as well as the land on which it stands.
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- It is preferible that that's deeds are also registered in the Property Registry. This is not always the case and need not be a problem as this can be rectified, but unregistered deeds may be a screen for unpaid debts. If the property is unregistered, it will not appear on the catastral plan and therefore cannot be embargoed if there are any outstanding debts. Sometimes it's just a case of the registering being overlooked by the seller, but you as the buyer don't want to have the bother and expense of registering the property and or inheriting possible debts! A decent lawyer will see that this doesn't happen.
- Property in an urbanisation or villages and towns usually is fairly straightforward as far as purchase and legality is concerned. However, rural and outlying areas of villages can be more complicated as you must be sure that if they not within the official urban limit (the town hall has plans to check on this),to see that everything is completely legal. There are areas designated as ZEC ( 'Zones of special EEC interest) or that are within a 'Parque Natural'. If the property is in one of these areas, there may be restrictions about building a garage or annex extension or putting in a pool, even if the actual existing house is completely legal.
- New build property in particular has had problems in rural areas and if you buy a new house you must be sure that the house has a 'First Occupation Certificate' as without this, the utilities cannot legally be connected and surrounding infrastructure, such as up keep of pavements or access might turn out to be your responsibility and not that of the town hall.
As everyone else will say to you, a good bilingual lawyer is essential to check that all is in order and if you buy a finca, get it measured by a 'topógrafo' to check that the measurements tally with what appears on the deeds.
This is a simplified run down if what to bear in mind but covers most common problems which can crop up. Good luck!
We have all of above but the land may still be unconsolidated and we cannot find the implications for us. Most information refers to urban land that has not yet been built on
