<small>General information</small> SECONDHAND HOUSES AND NEW BUILDING <small>General information</small> SECONDHAND HOUSES AND NEW BUILDING


1. Urbanization

In Spain almost all houses are part of an urbanization … this also means that there are annual common costs to pay … so inform yourself well because sometimes you can do a bargain but if later it turns out that the annual common costs eg 2,000 euros or more … yes then it is not a bargain at all.

In the new construction projects you have to take into account that the first year the contractor himself will control the urbanization … so ask for the annual costs because they also dare to exaggerate …

2. Lawyer

When buying a home you need a “registered” lawyer in Spain for the following reason:

A notary in Spain simply makes the deed but does not control anything in terms of legality, debts, etc …..


Before signing the deed, the notary must receive the following documents from your lawyer and check for validity:

Ownership certificate, energy certificate, documents confirming that the house is debt-free in the area of loans, electricity bills, water consumption, Suma (municipal taxes) and that a valid habitability certificate can be presented and legality certificate of the Land Registry with regard to possible illegal or not yet regularized renovations, outbuildings and / or swimming pool.

These cases are all the time checked by a registered lawyer and must be submitted the day of the execution of the deed at the notary.

This is a legal requirement in Spain now.

The lawyer loses his license in case of non-compliance with this law. (That’s why you have to take a registered lawyer!)

The stories that - still - do the round of abuse / scams are either from before the crisis ... so some 10 years ago ... or from people who did not have a lawyer under their arm.

Good advice:

Always hire a "registered" lawyer who is not affiliated with the real estate agency AND make good agreements regarding asking prices for his services (NIE, research debt, outstanding invoices, deed drafting, power of attorney, testament, switching energy counters, etc ... and ...) ... Usually the offices praise you one certain lawyer to where they in turn receive an extra commission in other words.You pay too much ...

3. Advance payments info

Second home:

Never just deposit money outside the deposit! The sales agreement must also state that if there is something wrong with the property, you will receive the 3,000 euro advance payment in full.

For new construction projects and for purchase on plan:

The bank guarantee is a (European) legal obligation that every contractor must in principle have now … but, as stated before, you can simply ask for proof from your lawyer for this peace of mind.

The lawyer then asks a bank guarantee certificate from the contractor for paying the disks … every good lawyer will deliver that to you and that will give you extra security. By the way, some Belgian banks (in connection with loans) will also request / request these documents.

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