What documents are important to check while purchasing a house in Spain?

[Anderson]

If you are considering purchasing a property in Spain, review our article discussing the advantages and disadvantages of acquiring a new build versus a pre-owned home.

 

When considering purchasing either a new or preowned home, it is important to obtain the first occupation license. This certificate is important to verify that the home is safe and habitable, as well as for purchasing to rent a home as a holiday property. In Spain, a first occupation license is typically necessary in order to register a house as a holiday home.

 

If the house is recently built, it should be easier to obtain this certificate due to its new construction. If you purchase a pre-owned home, an argument you may face is that it is too old to be issued a first occupancy license.

Despite the age of the house, it is still possible to apply for a first occupation license. In our article, you can find information about how to do it.

 

The certificate of urban infraction is issued by the local Town Hall and is essential to ensure that a property does not have any works completed without necessary licenses.

 

For new homes, it is sufficient for a lawyer to check that the work done by the construction company is in accordance with the project accepted by the City Council.

 

When purchasing a second-hand home, it is not really necessary but can be requested to obtain a certificate from the City Hall and for a lawyer to review the certificate for accuracy.

 

In any purchase process, there are other important documents that you should request. It is important for your lawyer to ensure that the house does not have any existing debts. In Spain, while not mandatory, it is advisable to seek legal counsel when purchasing property to ensure everything is in order. Another way is to request a property certificate (Nota Simple, in Spanish) from Property registry to see if there are any registered debts. You also need to ask the seller to request owners' community certificate to check if everything (fees) is duly paid. 

 

This should not be taken as legal advice. We can assist with Spanish work visas, non lucrative visas, golden visas, and the process of becoming self-employed in Spain (known as "autonomo"). We are able to provide assistance with obtaining the new digital nomad visa for working from home in Spain.

 

If you are considering purchasing a property in Spain, we can help guide you through the process. However, it is important that you seek our advice before signing or making any payments. We are able to provide advice regarding a Non Lucrative Visa (NLV) and the process of opening a Spanish bank account for those considering relocation to Spain. Please get in touch with us to discuss the specifics of your situation. We are Spanish lawyers certified and registered at the Bar Association.

 

We are proud to have a tax department with a Spanish qualified tax advisor and accountant who previously worked for Price Waterhouse and KPMG.

 

We also have a department of family law. In some cases, it may be more advantageous for a divorced party to pursue the process in Spain rather than in the United Kingdom. Guidance on custody and child maintenance is available in Spain.

 

A Spanish will is recommended to manage international jurisdiction and taxes effectively.