If you have decided to sell your property in Spain, even though you do not yet have a purchaser, we believe it is important to have all documents ready and prepared. This way, not only will it mean a more simple, easier operation but additionally the value of your property could be higher.

This article is not meant to offer a detailed perusal of all the documents and aspects to be kept in mind, but to name a series of things that are important to value and that as soon as being available, the better.

One of these is the energy efficiency certificate. As you may well know, due to the EU rules in this matter, it is compulsory to provide the purchasers with this certificate. It is not difficult to obtain; it is a simple procedure. But the sooner you have it the better

Another important document is the housing certificate. Although this is not compulsory, it is recommended to provide same and many purchasers request it. Furthermore, when the next Dwelling Law of the Balearic Islands comes into force it will then be compulsory to provide this document in the case of sale. Additionally, when the new possibility for requesting the trade of tourist accommodation in dwellings is opened, this certificate will be required. There are times that this is obtained immediately (when a renewal is requested) but others can take longer (if there has not been any previous certificate) as certificates need to be requested from the Town Hall which can delay the process. Therefore, our advise is to start as soon as possible this request.

 

In this sense, will also have to be available supply bills (gas, electricity, water, etc.), in order that the purchaser can carry out the corresponding proceedures after the purchase. If a water well is available, the license corresponding to said well.

In third place, a non-infringement planning certificate from the Town Hall and the Consell Insular is always good to have on hand when one is selling. Additionally, it will also be necessary in order to request the license for trading tourist accommodation in dwellings. This document can take a while to be issued, it depends on the Town Hall and therefore all the better to be requested as soon as possible.

In fourth place, and very important, is to have the same registry and land registry information as the reality of the property. In particular, when our purchaser is going to request a mortgage, it is vital that the existing buildings and/or constructions are correctly registered in the Property Registry office. To have it all prepared with time will help that the sale be much easier. In these cases, it is normal to provide a ground plan with geographic coordinates

In fifth place, it is essential to have ready original and copies of all the licenses that have been obtained, as well as the end of construction certificates both from the Project Management as well as the Town Hall, approved plans, blue print and final project…  And if, also we have a technical report drawn up by an architect describing all the constructed surfaces and the building state of the house, all the better, as this way, the purchaser will know at all times what he is buying, as it is very important to know the physical, registry and land registry state of the property to avoid any future claims. We also always recommend to have an aerial photo to prove the age of the buildings. This can be obtained free of charge through the webs on line such as the IDEIB or through private companies such as ESTOP.

To be informed of the registry information, we must always have a simple updated note from the Property Registry officewhere is stated the owner or owners of the property, the description of same, and if there are charges or not. If we also have a copy of the original public deed from when the property was purchased, all the better. That is, the purchase/sale deed, or the deed of acceptance of inheritance, donation, etc.

Concerning the charges, it would need to be studied if these can be cancelled or not. We could find ourselves with:

  • Mortgages
  • Preventive notes for claims or seizure
  • Easements of any type
  • Taxes or allodiums
  • Community regulations and other agreements
  • Etc.

You will also be requested the Council Rates Receipts (IBI). We always recommend you provide the IBIs of the last four years, in order to prove they are all paid for.

Occasionally is also requested a Military Permission (when the purchasers are residents of non UE countries and the property is on rural land) or a Coastal Certificate (when the property borders with the shoreline area). In these cases, it must be kept in mind that the periods for the granting of the public deed of purchase/sale will need to be extended.

These aspects and many others must be taken into account at the moment of selling. We are specialists in these types of proceedings and we are in the knowledge of all the details, proceedings, negotiations and studies to be carried out and, therefore, we are sure we can offer you our best advise, both before the sale of your property as when you have a potential purchaser. If you wish to have further extense information concerning your own case, please do not hesitate in contacting us as soon as possible.

Bufete Frau
Related post
bufetefrau blog notario bufete frau
Purchase/sales in Spain: Interview with Dr. Bredthauer, Notary in Hamburg

Derecho Inmobiliario y cuestiones Fiscales We know that there are many differences between the process of purchase/sale of a property Read more

imagencasa bufete frau
New value of prices: market reference value

Everyone knows as a daily matter, those of us as professionals dedicated to the real estate sector, that we have Read more

resolucion vinculante de direccion general de tributos gastos deducibles por la venta de inmueble bufete frau
Binding Resolution of the Directorate General for Taxation: Deductible expenses on the sale of a property

Binding Resolution of the Directorate General for Taxation, V5370-16 of 20 December 2016. Organ:  SG for Personal Income Taxes. Date: Read more

new default bufete frau
Certificate of Energy Efficiency of Buildings

Property Law and Tax Issues General information In the Cabinet Meeting was approved last Friday, within the measures of support Read more

new default bufete frau
Process of Legalization of constructions on the Balearic Rural Land (LOUS)

Property Law and Tax Issues   Imminent publication in the BOIB of the New Planning Law and Use of Land Read more