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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.


Por Andrés Díez Bronzini, Lawyer

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 neighbors 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 (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).

  1. Ask the seller to show you his public property deeds (escritura de propiedad).
  2. 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.
  3. Check if there are any debts resulting from the property/dwelling tax (IBI).
  4. Make sure there are no debts resulting from the building´s community of owners. Check the statutes of the building and the community costs.
  5. Check if the home is being rented.
  6. Are there any town/ urban burdens?
  7. In case it is a new home: check if there is a building license and a license for living or first occupation.
  8. 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.

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2 thoughts on “Quick legal guide before you buy an apartment in Spain

  1. Spanish Property- news and views

    Interesting post. Just to add that the buyer never should rush to buy a property in Spain. Apart from the documentation that the buyer’s lawyer must check, it is very important what Andrés mentions about doing your own research on the field: visit several times the flat and trhe area, talk to neighbours, etc… That is what I call to do a good job. Cheers

    Reply
  2. Andres Diez Bronzini

    This legal guide is not exhaustive and it is not intended as a DIY-tool.

    The aim is to show that the purchasing of real estate in Spain is a legal process which guarantees your property rights if done correctly.

    This process is based on Spanish laws and Spanish rules which differ from other countries.

    That is why you should let an independent Spanish professional assist you in each step to avoid unpleasent surprises.

    Thanks for reading the article and thanks in advance for every comment and suggestion,

    Andres Diez Bronzini

    Reply

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