Selling your property in Spain? The paperwork problem nobody mentions until it is too late.

Selling a property in Spain involves rather more paperwork than most owners expect, and gaps in that paperwork have a way of surfacing at the worst possible moment: once a buyer is already involved.

One of the first checks that a buyer (or his legal representatives) will do when purchasing your property will be at the Land Registry. And many times, to the surprise of the owners, the Land Registry extract comes back showing a property considerably smaller, on paper, than the one actually standing on the plot. An extra room, a porch, or a pool, built years ago… None of them properly declared. This scenario plays out more often than most sellers realise, and rarely for dishonest reasons. Extensions get built, pools get added, and the paperwork simply never catches up. The issue only becomes visible once someone with a professional interest, usually the buyer’s own lawyer, goes looking for it.

Cadastre tells a similar story. It exists mainly for tax purposes, yet it should match the physical reality of the property. Where this happens, sorting out the discrepancy, can take considerably longer than either party anticipated.

Then there is the paperwork held by the Town Hall, which tends to move on its own schedule. Certificates confirming the planning status and whether any infringement file has ever been opened. Confirmation if the property has a valid Occupation Licence. All these steps can all take months to obtain. A seller who only thinks to request them once a buyer is already waiting may find the transaction stuck in administrative limbo for longer than anyone would like.

At White & Baos Lawyers, we have spent close to two decades advising clients who wish to sell their property in Spain. This includes (in addition to reviewing the Land Registry, Cadastre, and the Town Hall) reviewing the agreements to be signed with the estate agencies, confirming that the property’s supplies, water, electricity, are correctly set up and in order, etc. All of this, before a buyer ever appears. If you are thinking of selling your property, reach out to us today and we will help you.

You may be interested in the following services and articles:

Is it possible to sell a protected public house?. We explain everything you need to know. Right of first refusal. Maximum price. Valencian Region. Buying and selling a property.

Do you want to sell your home, but still live in it?. We explain you how. Selling while maintaining the usufruct. Property law. Bare ownership. Life Annuity or Lifetime payment.

Tips for selling a property in Spain. We explain how to avoid the most common mistakes: Land Registry. Cadastre. Capital Gains Tax. Plusvalía. Etc

Carlos Baos (Lawyer)

White & Baos.

Tel: +34 966 426 185

E-mail: info@white-baos.com

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