For a future buyer or seller, we advise,before closing the operation, not to forget some facts (constructive,urban,legal,tax,financial,so one).In order to solve this problems, we do recomend him to come to a specialized proffesional for much proper and guaranted information.
First of all, the future purchaser must be sure of the dwelling owner seller, as web as the legal situation of the dwelling (if it hasn't got any encumbrances or it is an official protection dwelling, if it is ruled by the Property in Condominium or not), taxes, loans, seizures, etc.
The Property Register of the each area is the best fiscal tool of warraty and information. The only one thing to prove the dwelling owner is the register inscription, in this case the purchaser is not going to have surprises with another encumbrances or owners without inscription.
The Property Register has public carácter, so that, it is posible to ask for
notes or certificates about the owners, encumbrances or taxes which tie up a
dwelling.
The dwelling purchaser must check the property has been built according to the urban laws and local rules, specially the building licence has been got it. If the seller don't provide these certificates, you are able to ask for them to the Town Hall.
It is possible to put in order as: private or public document:
- Private document: this one is neccesary to be made by the register owner who will be the seller and by the purchaser, or the legal representative by notarial power. When the dwelling will be an Official Protection one, the contract must be signed by the Community or Province Organization. If you are interested in a new dwelling or in construction, the amount of money given have been guaranteed by an assurance contract or a bank guarantie, and it should give the purchaser that document. Everything till the Public Tittle will be signed, as the private document is only valid between both (seller and purchaser), but it doesn't for third ones.
- Public Document: It is known as Public Tittle, and is that which is supervised by Notary, who, besides advises both, guarantees the signatures and gives public faith of the date and the sale; that public document is necessary in order to be able to register it in the Property Register. In order to have more warranty the pruchaser, it is advisable to put in order by Public Tittle, and next to register it.
a) To check in the Property Register, it has the purpose that the dwelling purchased it is the same as the dwelling registered; so that it is advisable to take note the adress, owners, surface, community quote in order to pay the maintenance and service complex, etc.
b) The seller, if the dwelling is in construction, must give the documents the law requires and must show the Town Hall license; or the habitable certificate.
c) If it is about officially protected houses, used as normal and permanent residences, the buyer must ask to the seller the last calification certification, standing the maximun authorised prices, usefull surface, etc.
d) It is important for the buyer to contact the house or comunity counter because he is tne only person that can provide a payment status certification of the house, and the payments still dued. He also should provide a copy of comunity rules and the last IBI bills paid, because the unpaid ones are dutty of the house.
e) If the buyer is from abroad, the notarial writing will demand the presentation of a bank certification standing the payment according to the change in currenc from abroad. We have to asure the circubstance jus in case we wish to sell it or transfer the amount out of Spain.
All the operation involves some costs and taxes
.
a) Bills of property agent, lawyer,etc.
b) Bills of Notarial officer by Public Writing.
c) Bills of Property Registrator in inscription of Public Writing.
a) Purchaser: V.A.T. suposes between 7% and 16% according to the kind of house we are operating with. Íf' it is a second or later transmision, they are exent of A.V.T., but the patrimonial tansmision tax has to be paid ( now 6 % )
b) Seller: Local overvalue court ( local tax on land value increase ) wich amount is according to the surface, situation and comunity rate of the land and time between the first bought of the house until the actual transmision.