Purchase of real estate in Spain
focused on the Balearic Islands, in particular Mallorca

Helpful notes for purchaser:

The following directions are for non-residents of Spain who would like to purchase real estate. It does not substitute the consultancy of an expert, as every case has its individual bearings.Initially we want to point out that in Spain it is very common, but not pre-condition, to sign a private contract first and the purchase deed (escritura de compraventa) at a later date. In Spain private contracts are legal and binding, though for the entry in the land register you need a purchase deed or a judicial order.

Purchase:

Basic examination (the following points are beside the duties of a notary).

Before signing a contract it is essential to check the matters below:

• Verification of the property at the registry of deeds. Apply for the certificate of title, where you can see the ownership structure and debits.
  If necessary get it checked by an expert.
  
• Verification of the property at the central and local land registry office. To check if the specifications of the size, the neighbours and their premises correspond with the certificate of title. In addition you will get a copy of the surveyor’s plan that shows the exact location of the estate.
• Ask for the latest real estate tax and waste disposal vouchers. With them you should go to the local land registry office and check if all bills are paid up to date.
• Furthermore you should go to the building authority at the town hall to ensure that no disciplinary action is submitted. This point is necessary if you are going to buy a house, but dispensable if you want to buy a flat.
• A statement of the property management that all the community expenses and all other debts are paid up to date.
• You should also be in possession of all contracts and recent vouchers of every utility company (water, electricity, telephone etc.).

When you buy a new development make sure that you have the following documents on hand:

1. Boletines de suministro de gas y electricadad (Certificate from the electrical engineer about the approved laying of the electrical circuits)
2. Boletines de agua (Certificate from the plumber that all water conduits are done as prescribed)
   
3. Cédula de habitabilidad (Certificate of habitability)

On purchase of an old property, it is non-mandatory to get all these certificates as the electricity, gas and water meter are already installed, but it is always better to get them, just to be on the safe side.

When buying a condominium, it is advisable to request copies of the protocols of the latest owners’ meetings, as well as statutes and rules. That gives you an overview of expenses and cost allocations to avoid unpleasant surprises.

Please note:  With the purchase the buyer becomes accountable for all debts, outstanding expenses and all kinds of liabilities such as distraints recorded in the land registry, mortgages etc.

Again, this is just a short summary and by far not all you should take into account to guarantee a carefree purchase.

You can be sure that you will get an individual and professional consultation from Lietz Immoblien S.L. and their partners. Consult us before purchasing a property. We take our time for you.