Selling your Property?
You’re probably reading this as you are considering or you’ve decided to sell your property here in Spain! Let us assure you that you’ve found the Costas most trusted and acclaimed Law Firm. We will walk you through the whole process keeping you updated every step of the way.
It doesn’t matter how far along you are with your selling progress we are here to help and can start to arrange the documents and arrange the details you need before you can proceed to the Notary and sign on the day of completion.Selling today is a little more complicated than you might be familiar with.
For example Spain has recently introduced a law (Real Decreto 235/2013) obliging property owners to get an ‘energy efficiency certificate’ before they can sell their homes, thus bringing Spain in line with other European countries. You will also need an original valid Habitation Certificate (“Cedula de Habitabilidad”) or a 2nd Habitation Certificate (Licencia de Segunda Ocupación) before you can sign the house over. Below are some examples of what you will need.
Energy Efficiency Certificate
All properties being sold or rented in Spain must now by law have a valid Energy Efficiency Certificate. This certificate is valid for ten years and needs to be presented at the Notary on the day of completion. This Certificate is a report describing how efficient the home is. This is measured in terms of it’s energy consumption and your property will be assigned an energy rating starting from ‘A’ which is the best down to ‘G’ which is the worst.
Energy Efficiency Certificates have to be be issued by a qualified architect. The seller is legally obliged to arrange and pay for this document and will need to have this certificate before they can sell the property. The document is valid for ten years and will only need to be changed if there is a change or modification to the property.
Habitation Certificate
It is law in Spain that you must have a current up to date Habitation Certificate or “Cedula de Habitabilidad”. This certificate gets issued by the town hall to the developer on completion of the newly built property. The Certificate states the property has been passed as habitable.
Once issued the Habitation Certificate is valid for five years and states that the building conforms to the original submitted plans. After this five year period the certificate will expire and the registered owner should renew it through the town hall. This new document is commonly known as the 2nd Habitation Certificate or “Licencia de Segunda Ocupación”.
NIE Numbers
An NIE number or Número de Identificación para Extranjero is a non-national form of identification. Every foreigner with any tax obligations here in Spain are required to obtain an NIE. This document identifies and registers them with the Spanish tax authorities.
The NIE is like the Spanish version of the UK National Insurance number. If someone doesn’t have this number they cannot legally rent a property, they cannot buy a house or a car as in car ownership they’ll need to pay road tax. This is an easy document to obtain and our colleague Wayne assists our clients in this process.
Community of Owners Certificate
This is a document that needs to be obtained in the event of a purchase or sale. It informs the buyer and more importantly proves to the Notary that there are no outstanding debts against the property.
Mortgages
When a property has a mortgage attached to it or a secured loan it is registered with the property deeds in the Land Registry. This of course will need to be investigated and any outstanding amounts cleared before signing.
THE FULL SERVICE EXPERIENCE
Our objective is to provide a FULL SERVICE to our clients. We are here to inform them of the facts and legalities. Very rarely there may be a problem with a property or development that cannot be solved, if this situation arises we will advise them accordingly but as always the choice belongs to the client and we will assist and proceed as normal. We will get them to sign a separate document in front of the Notary confirming they have been given all the facts and details and are fully aware.
