In most cases, the sale of a property means the most important investment and expense that a family must face throughout their life. Therefore, buying a home should be a decision previously considered and carefully studied; and not only from an economic-financial, practical, or aesthetic point of view; it must also be assessed from a legal point of view.

As an expert lawyer in real estate law, I have observed how it is an unusual practice to hire the services of a lawyer to manage a sale; either as a buying party or as a selling party. On many occasions, it is necessary to go to the doctor to prevent illnesses, as well as to go to the lawyer to prevent potential problems or contingencies. Especially when it comes to one of the most important decisions of our existence that carries great responsibilities.

For this reason, we will deal with the sale of the house from a real estate-urban point of view; analyzing certain necessary elements or at least, valued prior to the decision to acquire, or not, a property. It is about giving an approximation or brushstroke, without prejudice to the particularities that may arise in each case (rustic or urban housing, new construction, second hand, etc).

Simple note

It is a fundamental document. In this regard, for less than 5 euros we can obtain a simple note issued by the Property Registry that will let us know that the person who claims to sell the property is really the owner, as well as observe what type of charges the property carries (for example, a mortgage or a usufruct). In case you have charges, in many cases it is necessary to cancel them.

Certificate of Habitability or First Occupation License

It is a document that certifies that a home, premises or residential building, meets the minimum conditions of measurement, hygiene and adequate facilities to house people. It is a mandatory document and the services of water supply, electricity, gas or any other energy or telecommunications product cannot be definitively contracted if the property does not have a valid habitability certificate or equivalent document.

End of work certificate

Probably if you have a certificate of occupancy, the property will have a certificate of completion. This document certifies that the property was built in accordance with the plans approved in the building permit approved by the city council.

This is not to say that it was not subsequently subjected to illegal reforms. This fact should be bought. It is important to mention that in the case of illegal works, the works should be legalized or demolished, in case it is impossible to legalize them according to current regulations. If there are illegal works, it will be almost impossible to obtain a building permit from the city council.

Certificate of no urban infringement

It is a document that certifies that a home or property does not have any file in the town hall for having committed some type of urban infraction. Fundamental since, otherwise, the new owner could become responsible for said infractions and could even be the case of demolition orders.

Debt-free certificate with the Treasury, the town hall and the community of owners

The seller can request such certificates. As a new owner, you could become a subsidiary or direct liable in case of acquiring the home with debts with the community of owners or the Treasury. Therefore, it is necessary to make sure that the property does not have any type of outstanding debt.

It is advisable to request the receipt of the IBI payment for the last 4 years (if there is a pending IBI, the new owner becomes liable).

Energy efficiency certificate

It contains the energy rating of the home, mandatory since 2013. It does not entail problems, since a competent technician must simply be hired for its issuance prior to the sale.

Statutes of the community of owners

Especially relevant in the event that it is intended to carry out some type of activity other than that of habitual residence, since the statutes of the neighborhood community could prohibit vacation rentals or other activities.

Finally, it is recommended to sign and enter in the different documents that are signed during the purchase or sale operation (purchase option contract, public deed of sale, etc.) the statements and guarantees that best defend our interests and expectations (such as that it is sold debt-free or that there is no illegality).

As can be seen, there are a series of procedures and documents necessary when buying a home. It is a demanding process which can be

Published On: October 26, 2020 / Categories: Uncategorized /