Services We Offer Our Clients & In Depth Explanation Of Each One.
A topographical plan of your land and property is one of the most important boxes you should tick on your purchase check list. Why?.
If You Are Buying.
- Gives you a full plan of Exactly what you are buying.
- Gives you the full measurements of Property & Land.
- Helps any modifications needed in Catastro
- Can save you money on yearly tax bills.
- Helps avoid arguments with neighbors.
- Helps register wells or boreholes.
If You Are Already an Owner.
- Helps define boundaries in case of disputes.
- Very necessary for modifications in catastro.
- After any extended built areas.
- In the case of high IBI bills due to catastro errors.
This is a service which for a minimal cost can save you a lot of frustration and money especially "Before" buying.
Inland areas of Malaga Spain can, buy the natural mountainous regions have either good stable land or very poor and erosive land as well as underground clay. When purchasing a property depending on its build quality it can sometimes show signs of previous movement which to some people cannot be seen at
first glance but are sometimes warning signs of a badly built foundation or land movement underneath the actual foundations itself. When looking at a property in the sun on a warm day when all the walls are freshly painted white all looks perfect and this may well be the case, however it may not.
A structural survey is not as expensive here in rural Malaga as it maybe in other countries and is well worth considering.
A geotechnical survey is the first step in the construction or consolidation of a site. It includes information about soil consistency and structure, groundwater level and recommendations for the technical project. Following the drilling, the samples collected from the ground are taken to the lab for testing. Personally I was always amazed at so many different kinds of rock and soil formations and densities which obviously affect the design of any property foundation.
Now this is something I could write a book about. Obviously the most important check box to tick on your list and I will be making a few Podcasts about this very soon.
So, you have seen the property you wish to buy and are now wondering what is the procedure in Spain to make sure that what you are buying is fully legal.
In my years I have had many clients who have recommended me to others to manage the conveyancing for them and to leave no stone unturned.
When buying inland property, the laws are completely different to buying a property on the coast where there are certain laws that almost never change, hence where some coastal lawyers who deal with country property come unstuck although they will never admit it.
I have had people who are buying from me decide to use a city lawyer and the next day had the lawyer calling me asking me different questions about rural laws and obligations........ Who is getting paid here!.
As you can see by my testimonial page, I have managed this for many clients who have had a peaceful and safe purchase. As I said before I will make a podcast about this as it is a very complex and in-depth subject to go into under a services page.
Catastro Plans & Diputation.
Catastro. What is it exactly?.
In Spain, every house, flat, industrial building, plot of land etc has it's own individual catastro reference number and plan. it is like a secondary registration of your property.
So, we have let's say for example "Casabermeja" within this town there will be "Parcels" these are areas Inside
a Poligono. So your property will have Poligono 421 Parcela 98 as an example. Within the Parcela "plot" you have your property as in the photo above. With your Poligono and parcela number you will also have a unique catastro reference number assigned to your property. This is the basics of Catastro, breaking each individual plot and house down to an owner and a reference number. Now, Catastro has your land size as well as the size of your property along with any outbuildings and swimming pool etc.
Catastro is Linked to "Diputation" and Diputation is where your yearly IBI or property tax bill comes from. This is where I stated in the Topography section of the services I offer that it is so important to have a topographic plan made before you buy, this way you can compare it to what is actually in the catastro plans and see if any modifications need to be made and who is going to pay for that modification.
Sometimes an owner has never changed the name in catastro back as far as his or her grandparents who have passed on, other times the land has been divided and nobody has told catastro or made the relevant changes and so forth.
So, you can see this part of buying a property is a little minefield all of it's own and needs to be addressed thoroughly.
Spanish Purchase Contracts.
These I have seen on Bar serviettes!.
Contract of Sale & Not to be confused with Holding deposit.
When buying a property in Southern Spain or anywhere in Spain come to that a Holding deposit is a completely different contract to a Purchase Contract and many people
loose money on this one. Be very careful what you sign. I will give a brief outline about this but will do a Podcast later, more in depth.
Holding Deposit Contract Prior To Purchase Contract.
I would love to hear your opinion on this one and if you have lost money in the past. So, you have seen a property and you want to buy it and the estate agent wants to sell it. However, you do not know if all the paperwork is in order and if the property is legal or not. This is where a Holding Deposit Contract comes into play although many agents would not agree with me and that is up to them, I prefer to do things at a slower pace and make sure then make sure again.
An agent will quite often say he or she can hold the property for you while you are preparing the rest of the 10% deposit which you pay when you sign the main Purchase contract but what should be in the Holding Contract which will take the property off the market so as nobody can come along and take the carpet out from under your feet.
A holding fee is refundable if the paperwork is drawn up correctly. it's a two way game here as the agent is saying he or she can hold the property for you until you pay a bigger sum of money and sign the more important and legally binding purchase contract.
That is a great situation win win on both sides. Step back and look outside the box for a moment and we will dig deeper into this. You are buying a property for 250.000 euros and your credit card will only let you draw over a period of a few days before you fly back an amount of 5.000 euros. This amount would normally be acceptable to most owners and agents to take the property of the market, but you need to use this time in your favor and write into the holding contract that this amount of money will be held and returned in full if there are any problems with the paperwork on the property impeding a legal and binding purchase later on.
The holding deposit is originally the full purpose of holding the property pending the investigation of all the paperwork and that the same is correct and legal with no added expenses to the buyer. This gives you the chance not only to find the rest of the 10% deposit buy gives you time to make sure that what you are buying is what you have been shown.
In the case that there are legal issues with the property, or the property has structural problems you are entitled to your money back, however this must be wrote into the contract clearly otherwise you will most probably lose the holding deposit if a problem arises. It is preferable to have someone with you who is bilingual and can explain the holding deposit contract in full. The contract if only in English will not hold up to much as it needs to be in the Spanish language to be completely legal and binding.
So, you have paid your holding deposit and a few weeks later you are now ready to pay the rest of the monies making up the 10% deposit required "assuming all is correct".
The purchase contract or at least the ones I make out for my clients should have the following and many lawyers will say I am being over the top here and have been moaned at by many lawyers for being over the top or not necessary.....
- The date and place where the contract is being signed.
- The vendors information. Full name. Address. Identity card number or passport with photocopy included.
- The Buyers information. Name/s. Status. Single or Married. Place of residence. Date of birth.
- If someone using a power of attorney, then all the details of this person to be included.
- The full identification of the property being purchased. Registration details. Catastro reference number. The actual size of the property. How many bedrooms. toilets. Kitchen. Lounge. outbuildings etc.
- Photographs of each room and the condition at the time of taking the photographs. "Each photo signed by the vendor".
- A list with photos of any elements or furniture that is included in the price again with signed photos.
- Amount of money being paid at the time of signing and the balance clearly noted.
- That the property is being sold free from any debts and encumbrances. "This should have been checked by this time in the registry offices". There are no people renting the land for gain.
- The property has water and electricity "Photocopy" of connection certificates would be nice to have and importantly in the vendor's name.
- Clauses for an extension of completion if any problems arise that does not allow you to sign the contract for reasons out of your control.
- Details of how the payment is going to be made.
- A bilingual person with you to fully explain each part of the contract as it needs to be in Spanish.
- The vendor signs as being with full faculties and sound in mind.
- A note stating that the contract does not affect your statutory rights and legal ability to a court procedure if necessary.
All parties sign the contract with a bilingual witness.
Borehole Drilling & Legalization
Water in Malaga southern Spain can be a problem for some people who cannot connect to a mains supply. I have over the years completed 5 bore holes for people which have in some instances been drilled to a depth of 150 meters in depth and most of then producing around 3.000 ltrs of water a day.
To drill a bore hole you need various permissions and certificates when finished to make it legal as well being certified by the water authorities.
The authorities will normally be very helpful if you can prove you have absolutely no way of getting water from any other source.
It is illegal to drill or dig for water near river beds as well as some protected areas Known as "Zonas Policiales".
Open brick built wells that produce water must also be registered and have a metal lid with a padlock. Due to recent deaths of children falling into wells. The property owner is responsible for any accidents that occur.
Obviously bore holes and wells depend on underground rivers and pockets of water, hence if it does not rain very much during the winter your supply could be affected.
Land Retention & Subsidence.
I will make a video and link in here about this one as it's a complicated issue.
Landslides can be a problem in some areas especially with climate changes and flash floods, but there are ways of retaining land and water evacuation to stop future problems with the correct drainage and retention walls
Micropiles & Underpinning
Here is a whole section on this subject for you to read.
As you have seen in the link above, these methods of retaining soil and stability issues with properties that have serious foundation problems can be applied in most cases but I have always used a technician prior to having any works carried out so as the company in charge of the works has a full laboratory report on soil density, humidity, rock density and impact readings to mention a few.
Dafo. Safo. Afo Legalization
For some years now the Junta de Andalucia has been requiring that "Some" properties need to legalized with the local town halls to fall inline with the urbanistic ruling. This process I have done many time, see the Testimonials page. This applies to some properties but not all and depends if any work has been carried out within the last 6 years. It is only required when you are going to sell.
Problems With Title Deeds.
One of the first things I ask for when looking at a property is a photo copy of the title deeds or a Nota Registral which gives me all the details about the property and if the deeds have ever been registered correctly.
It is surprising just how many people do not fully understand what they had signed for 10 or 15 years ago when they purchased or in some cases just have a Power of Attorney which they thought were the deeds. "They can both look similar" if you don't fully understand Spanish.
Some people have had loved ones that have passed away and have not known about the need to make the relevant changes and find they cannot sell as the person who has passed away is in the main deed.
I have arranged inheritance deeds for many people who now have all their paperwork in order and ready for a buyer and a smooth transaction without holds up's and the lose of a serious buyer.
Disclaimer. The content shown in this website and above scripts and wording is how I have completed contracts over 30 years for clients. each individual person should avail themselves of similar information and representation using the contact us for on this website or by finding a recommended lawyer. My description of how I work can and cannot be applied in some cases and should be taken as guideline as each case can be completely different one to the other.
Descargo de responsabilidad. El contenido que se muestra en este sitio web y los guiones y la redacción de arriba es cómo he completado los contratos de más de 30 años para los clientes. cada persona individual debe hacer uso de la información similar y representante legal. Mi descripción de cómo trabajo puede y no puede aplicarse en algunos casos y debe tomarse como una guía.