Gecko Towers
This is simply not one size fits all. So any suggestions as to what you should be quizzing your Abogado about really depends on your circumstances, the age, configuration and state of the Costa del Sol property that you are hoping to purchase.
Preparing yourself to question your Abogado and to receive satisfactory answers is a vital step in readying yourself to buy in the Marbella region. While you will have spent a lot of time online acquiring knowledge that is key to your purchase, the ability to respond and to work with your Abogado in a confident and informed way should mean that you reduce the culture shock often associated with a permanent or semi-permanent move to another country.
Your chosen Abogado should be solutions orientated. If an issue arises with your purchase the experience of your Abogado is critical in order to assess the severity of the concern and to suggest comforting ways of dealing with the problem. Your relationship with your Abogado is essential to ensure that even the bigger problems can, if possible, become manageable. This will greatly assisted by the depth of your relationship with your Lawyer and this will stem from your ability to question and respond.
There will, inevitably, be many, many more questions, that require specific attention, so these should be seen as a sample. Over the coming months we will be touching on ‘real-life’ issues raised through client dealings, further assisting your own management of your professional advisor.
Does the apartment’s Air Conditioning units comply with European Regulation (EU) 2016/2281
Simplistically, I understand that the upshot of this legislation is to effectively limit the supply of ‘old gas’ – the type that used to be used in most AirCon units. You may not yet know that ’old gas’ is not only less effective at cooling or heating your units, and therefore your property, but may also be increasingly difficult to obtain. If you are re-gassing your existing AirCon units with recycled ‘old gas’ there is usually a penalty to pay when obtaining the recycled gas. At some point the recycled gas will become scarce and it will necessitate you updating your AirCon units.
Can we obtain from the seller a Certificate from the Community of Owners (please see here our previous post on Community of Owners https://marbellapropertylawyers.com/2020/01/27/community-of-owners-2/) proving that they have paid the Community Fee in full for the period of their ownership?
When you buy a pre-existing property that comprises part of a Community of Owners your responsibility to pay the Community Fees will, usually, crystallize on the date of your purchase and cease on the date of your sale.
In the process of the title to a property changing hands the responsibility for Community Fees will pass from seller to buyer. To ensure that the Community Fees are ‘Paid Up’ by your date of purchase aCertificate should be obtained from the Community’s President or Administrator proving the position. Failing which, I understand that it is normal, if the seller has not paid up to date for the obligation to be on the buyer. Assuming costs for a period prior to your ownership is hard, so it should be at least clarified.
Was the permission of the Community of Owners obtained to any external modifications of the property being purchased?
If you are buying a property, again, situated among a Community Of Owners, any external alterations to the property will require the Community’s approval often in addition to the permission of the Planning Department of the local Town Hall.
In this regard we are considering the installation of glass curtains that are installed around a terrace that can be closed to include the terrace within the internal living space of the apartment. Additionally, your Community may have established rules about colours of external paint that may be permissibly used and the colour of awnings.
Have any renovations been carried out to your property?
It is usual prior to undertaking any work of a plumbing, electrical or structural nature that a Small Works License needs to sought and granted by the local Town Hall at a prescribed cost being a small percentage of the cost of building. It is usual, I understand, that the Town Hall retains the records relevant to the granting of such Licences. As a result, it may be necessary to apply to the Town Hall for relevant copies to ensure they have been correctly granted and performed.
Should you be interested in discussing the Legal process involved in buying a property in Marbella, we would be delighted to assist you. Our team of bi-lingual, highly experienced and wholly independent team of Abogados are ready to help you.
Please call me, Mark FR Wilkins, during usual business hours on +34 600 343 917.
Please note that our posts are for general interest. They are no substitute for proper legal advice tailored to your specific circumstances as provided by a qualified Abogado who is experienced in the application of the Spanish Law.
© Mark FR Wilkins 2020 All rights reserved.