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Costs and documents required for the sale of a property

 

Mandatory Seller Costs

  • All certificates required for sale please see the list below
  • Plusvalía (Local government tax on the increase in value of the land value)
  • Agency Commissions
  • Income Taxes
  • Capital Gains Taxes

 

 

The majority of lawyers will require 90% of the documents needed for a sale before a purchase option is written and signed,

Obligatory

1) Property title (deeds) and in the case of an inherited property change of title documentation.

2) Cadastral Registration document of the property.

3) Last receipt for the local council tax ( IB´)

4) Last receipt of rubbish taxes. ( impuesto de recogida)

5) Contracts in the owner’s name for, water, power, gas, telephone… Not in the name of a tenant.

6) Final bills for any services, water, power, gas, telephone in the owner’s name not in the name of a tenant.

7) Certificado de Habitabilidad in force from the date of issue the certificate is in force for ten years. Also known as a Cedula. Older houses which have never had a Cedula which is common in villages. The formula is to apply retrospectively for a“Cedula Carrencia”

8) Eficiencia certificado de Energia, In the case of buildings for reform this is not obligatory, but most buyers’ lawyers will want a copy and do consider it obligatory.

                                                                     

9) Certificado de no existir infracciones urbanísticas, a notification or certificate from the town hall that there are no local taxes, fines, or outstanding files for planning violations against the property.

10) Expediente de Dominio due to a change in the law in 2015. When buying with a mortgage the m2 described on the Cadastral Registration document of the property, must coincided with the m2 described in the Título de propiedad (escritura)...(deeds). Or the notary may not legally sell the property. A survey is required to resolve this. It, however, does not not apply where a mortgage is not required and is a form of control of the mortgage system by the state.

11) El certificado de antigüedad a certificate of the age of a house is the legal and official document that indicates the date on which the construction of the house was finished. When buying a property to reform this is particularly important to the buyer as information is gathered from aerial photographs from 1956 onwards. The town hall may restrict the reform of parts of a property if it cannot be shown to be pre-existing date on which planning laws changed effecting the occupation level permitted on urban and rustic plots. If your selling a property which requires a complete reform or a reform of part of the structure the certificate will make clear to the buyer, the legality of the property.

Apartments

12) Only applicable to apartments the ITE is a survey of the conditions of a whole apartment building. The community of residents is required to request and then act on the results of the survey or be fined. It applies to buildings of more than 50 year in age.

13) Apartments in communities of owners, a certificate from the president or administrator of the community stating that the present owner has made all payments to date and has no outstanding dues to pay to the community.

We can help you will all of the above paperwork, make a valuation of the legal status of your property and should you need other documentation to complete your sale recommend local architects and technical architects ( surveyors ) to complete the paperwork for you. Please feel free to contact us for a free consultation.

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