Lawyer in Spain


Good gracious, that is my house.


Good gracious, that is my house.

The last ten years people of all walks of life have set up businesses in Spain as real estate brokers or intermediaries to make a living from the booming Spanish real estate sector. It is all very legitimate, but the quality of these brokers is often not very good and one has to be careful!

The Spanish administration or professional associations do not supervise these mediators and the quality is not controlled or guaranteed.

Interested home buyers call upon our legal assistance and support for the purchase or sale of private or commercial real estate. The important issues do not differ much from other countries but the cultural barriers and the limited services of the mediators make the transactions risky for people who are not Spanish.

For purchase of private real estate the most important questions and answers are simple:

a) Is the seller really the owner of what he is selling and is it unencumbered? Check the details in the real estate register (“registro de la propiedad”)!

b) Is the property for sale the size or number of square meters the deed of acquisition claims it to be? Check the data in the Spanish land register (“catastro”)!

c) Are all taxes paid? Obtain a certificate from the competent tax agencies!

d) Is the house “legal,”, i.e. was it built with a building permit? Check the urban development department of the local municipality!

It seems that most of the intermediaries and brokers do not think of these questions even though they get a commission that is equal to between 3% to 8% of the sales price.

A client was advised to ask his broker for the data of the property he wanted to buy with the Spanish land register (“Catastro”). The client came to us saying that, according to his broker, it would take up to three months to get this information.

While on the phone, we guided the client to the website of the Spanish land register and in 5 minutes all the data including a drawing of the property was on his screen.

“Good gracious, that is my house was his reaction! But it is only half the size of the house I was shown and I do not see the garage.”.

Conclusion: half the building was illegal.

A land register can be very useful!

  © De Haan & Mulder. | Conditions of use