BUYING PROPERTY
IN SPAIN

• Is it possible to buy a property in Spain without using a solicitor?
• Yes, but it would be unwise to do so.

Buying Property in Spain - General

Don't let the sunshine affect your judgement. As anywhere, it is necessary to take every precaution to avoid possible pitfalls. English-speaking lawyers abound in Spain, you're sure to find one, or more, in your chosen area.

It is vital to make independent enquiries and get unbiased advice. After all, it would be naive to expect that someone trying to sell a property or land is going to jeopardise the sale by divulging negative information. This is something you are going to have to check out for yourself - make sure that you do! There are so many properties for sale that it is better to walk away from something that could result in possible problems, you can be sure you will find something you like just as much without too much searching. A dream house could turn into a nightmare without due caution.

Buying Property in Spain -
Vital Property Checks

• Rely on your solicitor for up to date information on regulations and for property checks, as well as the drawing up of contracts and tax advice.
• It is also very easy to check with the technical department (departamento de técnica) of the town hall controlling the area in which the property lies, to ensure that the property you are thinking of buying complies with the permissions and plans on record. Any deviance from official records can result in problems for any prospective purchaser. You can also check on any proposed plans for the area which might affect the property you are considering. If you do not speak the language then you will need to have an independent translator with you as there may not always be someone in attendance who speaks your language.
• A separate department of the town hall can also tell you if there are any outstanding amounts for rates etc., although many town halls have subcontracted the collection of rates etc to an organisation called SUMA - if that is the case, then you should make these enquiries directly at a local SUMA OFFICE.
• All properties must be checked to make sure that they are free from debt and encumbrances. ( a final check chould also be made on the actual day of purchase as it is not unknown for debts to arise just before completion of transaction). Failure to do this could result in your inheriting debts incurred by the previous owner.
• The Land Registry office can do a search which will show up any mortgages, embargoes or encumbraces and will show clear title or any inheritance complications. Again, it is quite a simple procedure but if you don't speak the language you will need an unbiased interpreter with you.
• In the case of a property which has shared facilities and therefore belongs to a "Comunidad", you should ask the Administrator of the Community about any outstanding unpaid contributions as, again, you would inherit the debts and become obliged to pay.