Gecko Towers:
Core to our purpose is to identify those elements that you, in your search for your perfect Marbella property, will need to consider, deal with and, probably, sign in pursuit of your goal.
You are not alone in this confusing and alien world as our team of experienced, trusted, local and bi-lingual lawyers (Spanish Abogados) will lead you through this, often, complicated process. However, I firmly believe you will want to be informed of some of the basics.
This is the next in a short series of blogs about those pieces of administration – paperwork and the like – that you will need to consider with your Abogado. “Being forewarned is forearmed” is a great mantra for the Marbella property market, so here goes.
When buying a property in Marbella and before signing the CompraVenta – the details of which appear in our next blog – it’s essential to conduct thorough due diligence to ensure a smooth and secure transaction.
Due Diligence: The buyer conducts – very much with the assistance of their trusted Spanish Abogado – due diligence on the property, reviewing documents and inspecting the property.
Here’s a comprehensive checklist:
Property Verification
Property Registry (Registro de la Propiedad): Verify the property’s ownership, debts, and liens.
Title Deed (Escritura Pública): Review the title deed to ensure it matches the property’s details.
Property Description: Verify the property’s description, including its size, boundaries, and characteristics.
Legal and Administrative Checks
Urban Planning (Planeamiento Urbano): Check with the local Town Hall (Ayuntamiento) to ensure the property complies with urban planning regulations.
Building Permits: Verify that the property has all necessary building permits and licenses.
Outstanding Debts: Check for any outstanding debts or taxes owed on the property.
Technical Inspections
Structural Inspection: Hire a Surveyor or architect to inspect the property’s structure and identify any potential issues.
Electrical and Plumbing: Inspect the electrical and plumbing systems to ensure they are safe and functional.
Pest and Moisture: Check for any signs of pest infestation or moisture damage.
Environmental and Health Checks
Environmental Report: Obtain an environmental report to identify any potential environmental hazards.
Asbestos and Lead: Check for the presence of asbestos or lead in the property.
Financial and Tax Checks
Property Taxes: Verify the property taxes – including, specifically IBI and Basura charges – owed and ensure they are up to date.
Community Fees: Check the Community fees (gastos de comunidad) and ensure they are paid.
Outstanding Mortgages: Verify if there are any outstanding mortgages or loans on the property.
Neighbourhood and Local Checks
Neighborhood: Research the neighborhood to ensure it’s safe and suitable for your needs.
Local Amenities: Verify the availability of local amenities, such as schools, healthcare, and public transportation.
Professional Guidance
Lawyer: Hire a trusted local and bi-lingual Spanish Lawyer (Abogado) specializing in Spanish property law to guide you through the process. Have your Abogado review the property’s documents, including the title deed, property registry, and any outstanding debts.
Real Estate Agent: Work with a reputable real estate agent who knows the local market.
Surveyor/Architect: Consider hiring a surveyor or architect to inspect the property and identify any potential structural issues or defects.
By conducting thorough Due Diligence, you’ll be well-informed and better equipped to make a secure and informed decision when buying a property in Marbella.
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Should you be interested in discussing the process involved in buying a property in the Marbella region, we would be delighted to assist you. We have an experience-qualified and best of breed Associates Network comprising professionals focused on the Marbella region’s property market. Their services include property search, mortgages, legal and tax services, visas, surveying, insurance and currency brokerage. We have done the leg work, testing the quality of our Associates Network and now feel confident in recommending their services to you.
Please note that our posts are for general interest. There is no substitute for proper advice tailored to your specific circumstances as provided by a qualified Abogado who is experienced in the application of the Spanish Law. Nothing contained in this article should be seen or taken as legal, tax or financial advice and cannot be relied upon as such. Neither the writer nor the publisher accepts any responsibility for liabilities arising as a result of reliance upon the information given. All details have been reasonably fact-checked and all efforts have been taken to ensure that facts are accurate as at the date of publication.
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My details: Mark FR Wilkins, during usual business hours on +34 600 343 917 or e-mail me at mark@therightsgroup.com
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