5. Fifth step: Taxes to pay
The taxes referred below shall only be paid on purchasing a new property:
6. Sixth step: Fees to pay
When buying a new property, the following fees, subject to VAT, shall also be paid:
7. Other rights or other points to check when buying a new house.
In order to avoid possible problems that could arise later, do not forget to check every point described below or you may fi nd that your dream house is illegally built. You will do well to have a skilled Spanish Lawyer handle the paperwork, as they would know the ins and outs of it.
7.1. The Partial Plan
When you are ready to buy within a residential urbanization in Spain, you should first check the Partial Plan (Plan Parcial). It is the plan for building plots, which must be approved by the urbanism department (town planning department) of the Town Hall where the plots are recorded. This plan assures that your urbanization is legal and that there are no other developments planned nearby that could aff ect your new property. An urbanization is a planned community which provides a minimum of services and a minimum of quality control of the constructions, installations, roads.
7.2. Building in conformity with the Coastal Law
If your property is going to be built near the beach, make sure that your property will comply with the Spanish Coastal Law (Ley de Costas) of 1988 or that the builder has an authorization from the Coast department, which provides that the authorities must restrict building within 100 metres of the beach and establishes a zone of influence (zona de influencia) up to one kilometre inland.
7.3. The building licence, the certificate of completion of the building and the certificate of occupancy
The builder must have obtained the building licence (licencia de obra) issued by the Town Hall, which allows
him to build the house. The certificate of the buildingÂ’s completion (certificado de fin de obra) is issued by the architect once the building is complete. The developer needs it in order to get the certificate of occupancy.
The developer must provide you with the certificate of occupancy, which is issued by the Town Hall (Ayuntamiento). This administrative document permits you to occupy your new dwelling. Only when the certificates of completion of the building and the certificate of occupancy have been issued, can the purchase deed be duly finalized and notarised. The developer shall obtain and pay them. It could be difficult to register the sale if the building does not have legal approval. Other problems could arise and demolition of the property could be enforced.
8. BuilderÂ’s liability for construction defects
Once you receive your homeÂ’s keys, you should check your house in order to detect whether there are any defects. Under some specific conditions, homeowners can, in some cases, enforce for their property to be fi xed after they move in.Th e term of guarantee for possible construction defects is as follows:
For those houses, with applications for building licences issued before May of 2000, the guarantee periods are as follows:
For those houses whith applications for building licences issued after May, 2000, the guarantee periods are as follows:
These are only general guidelines and not definitive statements of the law, all questions about the lawÂ’s applications to individual cases should be directed to a Spanish Lawyer. If you know what the process is and which are your rights, when something happens, do not let anybody tell you that there is no way to solve it. You may have signed a contract but the builder has signed it too and he has got as many obligations as you have got rights!