This is a small presentation of our Property Purchase Process service on properties placed in Málaga, Torremolinos, Marbella, Manilva, Fuengirola, Estepona, Benalmádena, Alhaurín de la Torre , considering the main legal aspects for conveyance, made by our lawyers.
If you are interested to buy or to sell a property placed in Costa Blanca South TLACORP will help you to take a final purchase or sale decision.
The area of Costa Blanca North is covered by our offices in Torrevieja-Ciudad Quesada, perfectly connected by Highway. Visit our offices in Ciudad Quesada will not take too long from Orihuela Costa, and, if arranged, one of our lawyers can visit the same property and meeting you there, avoiding you to move to our office.
This area covers a wide range of properties, which passes from rustic, to apartments, bungalows, urbanizations, etc. Let us detail the main legal aspects of each of these properties:
This area covers a wide range of properties, which passes from rustic, to apartments, bungalow, urbanizations, Golf Courses, etc. Let us detail the main legal aspects of each of these properties:
This area covers a wide range of properties, which passes from rustic, to apartments, bungalows, urbanizations, etc. Let us detail the main legal aspects of each of these properties:
– Old urbanizations and traditional holiday homes buildings: This is the area covering Málaga, Torremolinos, Marbella, Manilva, Fuengirola, Estepona, Benalmádena, Alhaurín de la Torre
The type of constructions and properties there use to be second residences, or holiday homes, and residency properties.
A) The traditional type of residence areas are initially owned by Spanish, mainly coming from Elche, Alicante, Madrid, and Northern Spain, and foreigners coming from enter-North Europe. Overall in areas like Málaga, Torremolinos, Marbella, Manilva, Fuengirola, Estepona, Benalmádena, Alhaurín de la Torre. These types of properties use to be bungalows, and apartments, near the beach, and built usually before the “Spanish boom” (before 2000).
In a conveyance, with a decision to buy, and out of the normal legal searches to be done in these kind of properties, below there are important points to check:
– Legal and administrative study the history of the construction. To know how the property was built, and how it was developed. It is essential to discover if the property was extended, or if the terrace was covered, or if the porch is now a kitchen, or if the underneath is now a room . This will help to know if the previous owners have made all those works with he proper licenses, or, in instance, if there is any fine or penalty ending on these properties caused for a default of the proper permit.
Also, to know if there is any modification of the initial structure, will help to indentify if the deeds are properly updated with the current situation of the building.
In addition to this, if the property has a penalty for construction, the Town Hall can refuse to renew the Certificate of Habitation, and the new owners can have future problems to renew utility contracts.
– Water and electric contracts: As these are old properties, the supplying companies can ask the buyers to update the installation to change the contracts after completion. This may cause expenses like electrician, or plumber fees, to inspect the property, and others like re-wiring, which, if known before completion, could form part of the commercial agreement of price with the vendor.
– Plusvalia: If the property is old, and is owned by the same owners for a long time, then this tax will be high. This municipality tax must be paid by the vendors, but, knowing this from the beginning will help to take the necessary guaranties to be paid by the vendor.
– Community of owners: It will be very important to know, not only if the vendor is up-to-date in the payments of the community, but to big or important partial payments in the reform or maintenance of the community areas (terraces, façades, parkings, etc), which not always appear in the certifications made from the community of owners.
B) New areas from Málaga, Torremolinos, Marbella, Manilva, Fuengirola, Estepona, Benalmádena, Alhaurín de la Torre and other new urbanized areas. These areas are considering new urbanizations created with the Spanish boom.
The important legal aspects to consider at time to buy these kind of properties are the following:
– The property must be perfectly inscribed in the land registry, as “completed house”. It means that the property has been registered, and the builder supplied the Final Works License, the Ten Years Insurance (Insurance which covers during 10 years the structural defects of the building), and the Certificate of Habitation.
– Community areas: The community areas like Golf Courses, commercial areas, pool, gardens, etc, must be completed, or in process to be.
Also, is very important to “read” the community rules to see, for example, if your neighbor can run a business which can disturb you, or if dogs are allowed, etc.
– Community charges: These kind of properties can have high expenses of maintenance. It is very important to know them in the initial steps of conveyance.
– Limitations and rights of use: These areas use to have big infrastructure of electric, water, sewage, rubbish collection, which can affect your property.
Other essential points to consider when buying in the area:
- Urbanization charges and works: There are some areas, overall in Denia, Pedreguer, Pego, Benissa, Moraira, Orba, Benidoleig, Altea, and Javea, in which the property may have pending urbanization costs and/or urbanization works to be finished, and on the account of the owner!. So, please, take duly care with this.
- Certificate of Habitation: Even being properties built with the proper building license, there are some complications at time to obtain the NEW certificate of habitation.
As explained above, in URBAN areas from Málaga, Torremolinos, Marbella, Manilva, Fuengirola, Estepona, Benalmádena, Alhaurín de la Torre, it is very important to check that the urbanisation where the property is located has all the urbanisation infrastructure completed, such as: roads, pavement, asphalt, connection to mains sewage system, water, electric. The urbanisation infrastructure of these areas was developped time ago, and sometimes it does not fulfill with the modern standards. So, it is quite common to find properties where the owners have to “give” some part of their plots to have bigger roads, or to “pay” some urbanisation infrastrcutures like connection to sewage, pedestrian areas, etc. You are kindly invited to know more about this point in our specialised section: Semi-consolidated urbanisations.
Properties in Rustic areas and countryside: Special considerations must be made in areas from Málaga, Torremolinos, Marbella, Manilva, Fuengirola, Estepona, Benalmádena, Alhaurín de la Torre, etc.
Considerations of conveyance in rustic properties are not different from the rest of areas. Please, consult our construction on rustic section, or see our common problems section to see the typical problems for rustic land areas.
For more information regarding conveyance, visit our Property law section.
TLACORP is at your entire disposal, in our office in CIUDAD QUESADA-TORREVIEJA, with special fees, for properties placed in this area.
Just contact us for quotation