Buying a Legal Property in Spain

Before parting with any money or signing any private contracts there are some basic steps you should take.

This will ensure that you can have an electricity meter and a legal registered property.

1. Proof of ownership by way of escritura together with an up to date nota simple with the vendors name on it.

2. Status of the property in the Property Register. Check that the property is registered in the vendors name, and that there are no outstanding debts or charges on the property. This check can be carried out by the Nota Simple or even better a Certificacion Catastral which gives greater guarantee to the buyer.

3. IBI (Impuestos de Bienes Inmuebles) similar to rates, this can sometimes be referred to as Contribucion Urbana. Every property owner must pay IBI on any property they own. The buyer must ascertain that the contributions are in the sellers name and have been paid.

4. If you are buying or building a new property on land that has recently been urbanised you must make sure there are no outstanding debts on the land or urbanisation. If there are any debts these have to be paid for by the developer, however if the developer does not pay the burden falls directly on the property owners.

5. Building Licence: If you are buying property of recent construction ask the ayuntamiento for a copy of the Licencia de Obras. This is document gives the property legal status, and is essential for the next step.

6. Licencia de Primera Ocupacion is a document that assures that the property has been constructed correctly meeting all necessary legal and building requirements. Without this document the property is not considered habitable by law and is therefore not permitted to have electricity or other mains services.

The last point may come as a shock to some. However it appears to be the underlying problem behind many of the posts in this forum. Without the Licencia de Primera Ocupacion, Endesa are not permitted to supply electricity.

Article by Cadiz Builders www.cadizbuilders.com


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