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MAIN LEGAL CHECKS TO BE CARRIED OUT BEFORE BUYING!

Posted by admin on 04.03.2016
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Land Registry: the lawyer must verify that the property you are looking at (built and plot area) is in reality registered correctly and under the vendor’s name, free of any charges, limitations and encumbrances, which will give adequate registrar protection as buyer. In the event that there is a problem your lawyer should verify if it can be corrected through an appropriate expansion of new construction, Acta de Notoriedad , etc.

Check with the Town Hall (City-Hall): You must verify through the lawyer if there is any penalty proceeding (infracción) against the property and if it complies with building and urban regulations in the area where it is located (if it is an urban, able to be urban, or rustic land, the urban parameters e.g. minimum plot area, distance from the built area to the boundaries, etc).
He should also check whether the property is likely to have a second occupancy license (licencia segunda ocupación) after the sale. The seller must deliver the previous occupancy licence (also known as Habitation Certificate).
Check with the seller and with the Town Hall or agencies managing local taxes (such as SUMA), that the payments for IBI-Council Tax – Local Rates, (Impuesto de Bienes Inmuebles Naturaleza Urbana) and the rate for garbage-rubbish collection (Basura) are updated.

Verify with Cadastre: The property should be properly registered in Cadastre (Catastro) if not any inaccuracies found should be corrected by submitting form 902 or any other required form.

Community of Owners: If the property is part of a community you will need to check with the president or the administrator of the community for any outstanding debts or extra charges (derramas) and it is also convenient to check if there are any other problems in the community. It is also interesting even before deciding the purchase of a property to know the amount of the community fees to get an idea of the annual costs of maintaining the property and also to be aware of the wording of the statutes and internal rules of the community.

Utility companies (electricity, water, etc): You must ensure that housing supplies have definitive contracts and that there are no outstanding debts or any other circumstances that would compromise electrical or water power after the purchase.

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