Documents needed before buying a property

Together with the Association of Spanish Property and Commercial Registrars, the Ministry of Public Works, Transport and Housing has drawn up a brief, simple guide outlining the different steps and recommendations that a private purchaser should follow when buying a house in Spain.

It aims to help private purchasers make informed decisions. Within the Spanish legal system there are a series of documents that certify that a house is completely legal. All of them are needed before purchasing a property.

If  you are looking to buy a property in the Costa del sol, in Andalucia Realty we make sure all the properties advertised in our web are legal and the owners are asked to deliver these documents prior to advertise with our company. We take care of all these documents and processes, so it is just for you to decide the date of the purchase.

These documents are:

• A construction permit and certificate from a competent expert verifying that the building matches both the license granted by the town council and the project it approved.
• A first occupancy license, a habitability certificate and other administrative authorizations that establish that the dwelling is legally habitable. Find out more about the License of First Ocupation.
• Documents signed by the utilities supplying the essential services (electricity, water, gas and telephone).
• The entry of the building in the Property Register (just for new buildings), together with insurance cover against hidden defects or flaws in the construction, as established by law.
• A Property Registration Certificate setting forth the legal situation of the building.
• The Owners Association Statutes (or inscription in the Property Register of the deeds of any new, finished and horizontally-divided building).

We also recommend:

• In the case of new constructions, for buyers to ask the developer for: a Certificate from the Commercial Registry accrediting the legal existence of the company, details of its registration, the administrators and/or their representatives, the company’s registered office, its fiscal identity number, confirmation that bankruptcy proceedings have not been registered, and a declaration that there are no claims, lawsuits or any other contingencies that might affect the development
• In the case of housing that is not newly built, ask for last year’s property tax receipt, a certificate signed by the president of the Owners Association and endorsed by the building’s secretary stating that the property you are buying is up-to-date with all payments, as well as a formal confirmation and a public document stating that the property is not subject to any rental contracts.

Once this documentation has been checked we recommend you to read our 5-step Guide for buying a property in Spain with Full Guarantees, to continue through the process.

In Andalucia realty we know that buying a property is a very important step and a happy moment that can involve a lot of time and resources. For buyers wanting to avoid any future problems and unnecessary complications, our company has already check every detail of each property we advertise, making sure all is up to date and according to the law.

Therefore if you are looking to buy a property in the Costa del Sol, we will gladly advise you and assist you through all the process.

This document is an extract of the text safely purhasing a house in spain, available in the webpage of the Ministery of Public Works Transport and Housing of Spain.