You should have a word with a Spanish lawyer prior to taking a look at property available in
Andalucia Spain. Prepare a few questions before the call .Most lawyers will be happy to talk to you
because there is the promise of a transaction for them at the end of the day.
The Catastro Registry will show who the property is registered to.The UK equivalent of this is the
Land Register where properties and their owners are listed on the Register. Proof of registration is
essential. Also has the registration been carried out properly? Is the description, the land area
for the property and its boundaries correctly declared?
1.Do you know who owns the property concerned? Properties in Andalucia and in Spain generally, may
owned by more than one person from the family.This will occur when the house or dwellings is passed
form one generation to the next. So when you are seeking to buy, permission is needed from all with
a stake in it.
2. Outstanding charges. You will often find that there are charges attached to a property in
Andalucia.Theses are referred to as a notice of attachment known as "Hipoteca o anotacion de
embargo. To make sure there sis no risk for you when you take ownership, your legal representative
needs to make sure there are no outstanding obligations. Very often charges can be associated with
the property and not with the existing owner, which you would be taking on board.
This initial process requires you also check the "servidumbre", rights in favour of a third party,
for example a neighbour. The rights may conflict with what you think are your rights to your
property.
Three Frequently asked questions. How do the Spanish authorities classify land? There are 3
categories for planning : 1. Suelo no urbanizable o suelo rstico This means the land is not for
development ad no building is allowed on it 2. Suelo urbanizable In this category, buildings are
not allowed on this type of land. Owners have certain development duties. 3. Suelo urbano (urban
land) In this category of land, building is authorised and must be in accordance with the local
General Plan (Plan General De Ordenacion Urbana) and what that allows to be built in the general
area where the property is located. Clearly, only properties built on urban land should be bought
and even then, you must check that building activity is or was carried out following the Plan
General De Ordenacion Urbana ruling and regulations.
None of our suggestions are to be considered as legal advice. What we can say is that if you pick up
the phone and talk to a lawyer they are likely to be very helpful because at the end of th process
they may be able to act for you and charge you a fee. So do not be embarassed to ask questions
