Real Estate in Spain
Why is a lawyer required for the purchase of a real property in Spain?
Because in order to purchase a flat in Barcelona, a newly built house in Murcia or a plot of land in Mallorca the rules that apply are different from those in the Netherlands. Experience shows that people are not fully aware of the legal procedures, so licenses are often missing and there may be other problems.
The following is a description of the most typical problems that may arise during the process:
Real property registry and property rights:
- The seller is not the legal owner.
- The seller does not own the 100%.
- Has the seller entered into a mortgage agreement?
And what happens with the assignment of rights and the settlement
of this mortgage?
- Is there any attachment or access easement on the house or plot of land?
- Who is the seller?
Construction permit
- What is the value of the building/plot of land?
- What construction is allowed?
- Is this a lawful building?
- Can you demolish it and build your own house? Or can you just reform it?
- What is the maximum surface area that can be built?
- In certain Spanish municipalities, the municipal architects should be contacted,
who will work two mornings per week.
Contract contents
- Avoid contracts that are binding on you. It is important to read the small
case very well.
- Avoid long and costly judicial proceedings.
The purchase of a real property is a complex process that has to be gone through and where hidden traps may lie in wait. Therefore, it is advisable to do a proper legal preparation and, if necessary, contact one of our lawyers for assistance.
