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Quick legal guide

Before you buy an apartment in Spain

If you are willing to buy an apartment in Spain, here you have a quick legal guide. Spanish property legal framework gives all the security and guarantees to the buyer, but you should contact a lawyer to help you.

First, you will visit the home you want to buy. You should visit it several times, not only once. And you should visit the apartment at different hours, at different weekdays. Talk with neighbours and with the doorman. Check the lighting, the real square meters, lack of cracks, lack of damp and other defects.

If those inspections are OK, you should at least check the following documents :

  • Ask the seller to show you his public property deeds (escritura de propiedad).
  • Check with the Spanish Property Registry Office (Registro de la Propiedad) who is or are the owner/s of the home or plot. Check if there are there any burdens, mortgages, seizures or other limitations.
  • Check if there are any debts resulting from the property/dwelling tax (IBI).
  • Make sure there are no debts resulting from the building's community of owners. Check the statutes of the building and the community costs.
  • Check if the home is being rented.
  • Are there any town/urban burdens?
  • In case it is a new home: check if there is a building license and a license for living or first occupation.
  • If you want to buy a home which is still to be built, only accept to make a downpayment if you get the corresponding bank guarantee in exchange.

(This check list is not exhaustive. It is only a general check list and does not consider special circumstances like coastal apartments and regional differences)

By Daniel Talavera of The Spanish Brick.

Read more at: Spanish Property 

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