Carlos Baos – off plan property purchase

Off-Plan Property Handover: Essential Documentation and Legal Guarantees

In a recent article, we outlined the legal assurances and entitlements for buyers in off-plan purchases. The promoter’s special bank account, the different types of guarantees that the developer has to provide, to guarantee the amounts paid, etc. We placed special emphasis on the documentation that you must review before signing the contract. This week, we delve into another the crucial moment. The property handover and the documentation that the developer has to provide you when completing in the Notary’s office.

When will the developer call me to sign the deed and hand over the keys?.

Once the property has been built, the promoter will notify the buyer to sign the deed in the Notary’s Office. Usually within 20 working days, although the deadline can vary depending on the agreements established in the contract. The relevant question to make is: When is the property considered finished, from the legal point of view?. The contract normally mentions with precision the documents that result in the legal completion of the property. Usually, the documents will be the following ones:

• Completion certificate. Dully signed by the architect responsible of the project.
• Initial occupation permit (also known has license of habitability or responsible declaration of occupation). That is the document that confirms that the property adheres to the project approved by the Town Hall.
• Property segregation deed. Document that delineates common and private elements, rules of the community, each owner’s stake in the community, etc.

What other documentation can I request to the developer, before completing in the notary?.

At the Notary’s office, the developer must furnish the buyer with several documents for comprehensive property occupancy:

• Energy Performance Rating label.
• User Guides and Upkeep Handbooks.
• Gas Safety certificate and installation approval documents.
• Fire Prevention Protocol and evacuation guidelines.
• Homeowner’s Association Rules and Regulations.
• Manufacturer’s Appliance Guarantee.
• Plumbing and Electric Inspection Reports.
• Final approval certificate for Government Funded Housing (if applicable)
• As said, the habitability certificate issue by the Town Hall, or alternatively, the responsible declaration.

The signing of the deed of purchase, with the handing over of the keys by the promoter, and the taking possession of the property by the buyer is a pivotal moment in any purchase. At White-Baos Lawyers we’ve guided clients through off-plan purchases for virtually two decades, ensuring our clients rights are upheld. If considering an off plan purchase in Spain, reach out to us without hesitation.

You may be interested in the following services and articles:

Off plan properties in Spain. Guarantees when buying. Get the money lost back..

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Off plan property purchase. Main aspects to consider BEFORE signing the contract. Legal guarantees. Minimum information..

Carlos Baos (Lawyer)

White & Baos.

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