How to buy properties in Almeria. Steps, tips and legal and tax process

Navigate Your Property Purchase in Almería Province with TLACORP

Embarking on a property purchase in a foreign country can be a complex journey. At TLACORP, we simplify this process for you, offering expert legal guidance for properties located in the vibrant Almería Province, specifically covering Almería capital, Albox, Cuevas de Almanzora, Pulpí, Vera, Aguadulce, Roquetas de Mar, and El Ejido. Our dedicated lawyers, based in our easily accessible Torrevieja-Ciudad Quesada offices (perfectly connected by highway), are committed to ensuring a smooth and secure transaction, whether you’re buying or selling.

We cover a wide array of property types, from charming rustic fincas to modern apartments, bungalows, and established urbanizations, including those nestled within Golf Courses.

Understanding the unique legal landscape of each property type is paramount. Below, we detail the key legal aspects our lawyers meticulously examine to protect your interests, with a particular focus on the unique idiosyncrasies of construction in this region.

Comprehensive Legal Due Diligence for Every Property

Our in-depth conveyancing service goes beyond the standard checks. We delve into the specific nuances of each property, providing you with complete peace of mind.

1. Established Urbanizations and Traditional Holiday Homes (Pre-2000 Construction)

This category typically includes properties in areas like Almería, Albox, Cuevas de Almanzora, Pulpí, Vera, Aguadulce, Roquetas de Mar, and El Ejido. These often serve as second residences or holiday homes, originally owned by a mix of Spanish nationals (from areas like Elche, Alicante, Madrid, and Northern Spain) and foreigners from Northern Europe. They commonly feature bungalows and apartments, frequently found near the coast, and usually predate the “Spanish boom” of the 2000s.

Idiosyncrasies of Construction (Pre-2000): Properties from this era often exhibit certain common characteristics due to the prevalent building practices and regulations of the time in Almería province. These can include:

• Adaptations to Arid Climate: Given Almería’s typically dry and sunny climate, older constructions often focused on passive cooling methods, such as thick walls, smaller windows, and shaded patios. While charming, these features might impact natural light or require consideration for modern ventilation systems.

• Original Layouts and Modifications: Many of these homes were built with layouts suited to traditional Spanish lifestyles or as basic holiday homes. It’s common to find unregistered extensions or modifications, such as covered terraces converted into living spaces, enclosed porches, or under-builds transformed into additional rooms. These alterations, if done without proper licenses, can lead to legal complications, fines, and issues with obtaining or renewing the Certificate of Habitation. The “AFO” (Asimilado a Fuera de Ordenación) or similar regularisation processes in Andalusia are particularly relevant here for properties with past irregularities.

• Utility Infrastructure: While functional, the original water and electrical installations in older properties might not always meet modern European standards. It’s not uncommon for suppliers to request updates to the wiring or plumbing systems when contracts are transferred, incurring unforeseen costs for the new owners.

• Water Supply Concerns: In some inland or older rustic areas, water supply can be a critical issue. Older properties might rely on shared well water or less robust supply infrastructure. Our lawyers meticulously verify the legal water connection and rights.

• Absence of “Ten-Year Insurance”: Properties built before the year 2000 typically predate the mandatory “Ten Years Insurance” (Seguro Decenal), which covers structural defects. While this doesn’t imply inherent flaws, it means buyers rely more heavily on professional structural surveys and the vendor’s transparency regarding any past issues.

When considering a purchase in these areas, our lawyers perform crucial additional checks:

• Legal and Administrative Construction History: We meticulously investigate how the property was built and developed. This includes identifying any unauthorized extensions, covered terraces, modified porches, or converted under-builds. Our aim is to confirm that all modifications were carried out with proper licenses. This is vital to avoid potential fines, penalties, or issues with the Town Hall refusing to renew the Certificate of Habitation, which can subsequently impact utility contracts for new owners. We also ensure that the property deeds accurately reflect the current physical state of the building.

• Water and Electricity Contracts: As these are older properties, the supplying companies can require buyers to update the installation to facilitate contract changes after completion. Our lawyers will assess the potential for such requirements, helping you anticipate costs like electrician or plumber fees for inspections and and re-wiring. This information can be leveraged in price negotiations with the vendor.

• Plusvalía Tax: This municipal tax, levied on the increase in urban land value, can be significant for older properties held by the same owners for a long time. While it is legally the vendor’s responsibility, our team ensures the necessary guarantees are in place for its payment, protecting you from unexpected liabilities, especially if the seller is a non-resident.

• Community of Owners: Beyond verifying up-to-date community fee payments, we investigate any significant partial payments due for major reforms or maintenance of communal areas (e.g., terraces, facades, parking). Such costs are not always explicitly stated in standard community certifications and can represent substantial future outlays. We also review the community’s statutes and internal rules to understand any limitations or potential issues (e.g., business activities, pet policies).

2. New Urbanized Areas (Post-2000 Construction)

This category encompasses more recently developed urbanizations within Almería, Albox, Cuevas de Almanzora, Almanzora Valley, Pulpí, Vera, Aguadulce, Roquetas de Mar, and El Ejido. These areas largely comprise new urbanizations created with the Spanish boom, often featuring planned communities.

Idiosyncrasies of Construction (Post-2000): Properties built during and after the “Spanish boom” often reflect more contemporary architectural styles and adhere to stricter building codes.

• Modern Standards and Guarantees: These properties generally feature more modern construction techniques and materials, benefiting from improved insulation and energy efficiency. Crucially, they are legally required to have the Ten Years Insurance (Seguro Decenal), offering a significant layer of protection against structural defects.

• Planned Communities and Resorts: Many new developments, particularly along the coast or in proximity to golf courses, are part of larger, planned communities. These often include extensive communal facilities like pools, gardens, sports courts, and sometimes commercial areas or golf courses. Understanding the specific community rules and ongoing costs associated with these comprehensive developments is essential.

• Emphasis on Outdoor Living: Modern designs often maximize outdoor enjoyment with larger terraces, balconies, and private rooftop solariums, particularly in apartments and townhouses, reflecting the region’s sunny climate.

• Underground Parking and Storage: Many new apartment complexes and townhouses include underground parking spaces and individual storage rooms, adding to convenience and value.

• Consistent Aesthetics: Within new urbanizations, there’s a strong emphasis on maintaining a consistent aesthetic, with design guidelines often dictated by the developer or community rules.

For these properties, our focus includes:

• Full Land Registry Inscription as “Completed House”: We verify that the property is fully and correctly registered, confirming the builder has supplied the Final Works License, the Ten Years Insurance (covering structural defects), and the Certificate of Habitation. The Certificate of Habitation is crucial for legally occupying the property and connecting essential utilities.

• Completion of Community Areas: We ascertain that all communal facilities (Golf Courses, commercial areas, pools, gardens, etc.) are either completed or well into the process of completion, avoiding future financial burdens or incomplete amenities.

• Community Rules and Charges: A thorough review of community rules is undertaken to identify any restrictions that might impact your lifestyle (e.g., noise regulations, pet allowances, or even the possibility of neighbours running businesses that could cause disturbance). We also conduct a detailed assessment of the community charges and maintenance expenses, which can be considerable in these larger developments, ensuring full transparency from the outset.

• Limitations and Rights of Use: We investigate any existing limitations or rights of use related to major infrastructure (electricity, water, sewage, rubbish collection) that could potentially affect your property.

3. Properties in Rustic Areas and Countryside

For properties in rural locations such as Albox, Cuevas de Almanzora, Almanzora Valley, and Pulpí, special legal considerations apply. While the general conveyancing principles are similar, rustic properties often present unique challenges.

Idiosyncrasies of Construction (Rustic Areas): Construction in rustic areas in Almería province is subject to stringent regulations aimed at preserving the natural environment and agricultural land, with specific nuances under Andalusian urban planning laws.

• Legality of Existing Structures and AFO/DAFO: A significant issue in some parts of Almería’s rustic areas has been the proliferation of properties built without proper planning permission. Recent changes in Andalusian law (e.g., the introduction of the AFO/DAFO certificates – Asimilado a Fuera de Ordenación / Declaración Asimilada a Fuera de Ordenación) have provided a pathway to legalise many of these properties, but it’s crucial to understand the status of any dwelling. Our lawyers specialize in navigating these complex regularisation processes to ensure the property is fully legal.

• Permitted Construction Types and Minimum Plot Sizes: Generally, only buildings directly related to agricultural or rural activities are permitted, or existing dwellings that predate current urban planning laws. New residential construction on rustic land is severely restricted, often requiring very large minimum plot sizes (e.g., 25,000 m2 in some areas) and adherence to specific architectural styles that blend with the rural landscape. Extensions to existing properties on rustic land are also highly regulated.

• Utility Connections and Water Rights: Access to mains water, electricity, and sewage in rustic areas can be less straightforward than in urban zones. Properties may rely on boreholes for water, solar panels for electricity, or individual septic tanks. Verifying the legality and sufficiency of water rights and connections is critically important in this arid region, as unauthorized water sources can lead to severe penalties.

• Access Roads: Roads leading to rustic properties can sometimes be unpaved or less maintained, and legal rights of access must be clearly established.

• Environmental and Urban Planning Restrictions: Rustic land is often subject to various environmental protections and specific urban planning regulations that limit development, height, and overall footprint. Understanding these restrictions is vital for any potential future modifications or usage, especially given the agricultural nature of much of the region.

Our lawyers have in-depth knowledge of Spanish rustic land regulations, particularly those specific to Andalusia and Almería, which are typically stricter regarding construction and usage. We encourage you to consult our specialized sections on “rustic construction” and “common problems” for typical issues encountered in these areas. Key aspects often include verifying the legality of existing structures, access to utilities, and compliance with environmental and urban planning laws.

Other Essential Points to Consider

• Urbanization Charges and Works (Semi-consolidated urbanizations): It is very important to check that the urbanization where the property is located has all the urbanisation infrastructure completed, such as: roads, pavement, asphalt, connection to mains sewage system, water, and electricity. The urbanization infrastructure of these areas was developed some time ago, and sometimes it does not fulfill 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 urbanization infrastructures like connection to sewage, pedestrian areas, etc. You are kindly invited to know more about this point in our specialized section: Semi-consolidated urbanizations.

• Certificate of Habitation: Even being properties built with the proper building license, there are some complications at the time to obtain the NEW certificate of habitation. We ensure this vital document is in order to avoid future problems with utilities and legal compliance.

Why Choose TLACORP?

At TLACORP, we pride ourselves on providing clear, transparent, and comprehensive legal advice. Our office in CIUDAD QUESADA-TORREVIEJA is perfectly connected by highway, making it easily accessible from the entire Costa Blanca South and the Almería Province. While we invite you to visit us, we also offer the flexibility of our lawyers meeting you at the property itself, saving you time and travel.

Our team of experienced lawyers offers:

• In-depth local knowledge: Specific expertise in the legal nuances and construction idiosyncrasies of property in Almería Province.

• Meticulous due diligence: Thorough checks to uncover any potential issues, including navigating the complexities of AFO/DAFO where applicable.

• Clear communication: Explaining complex legal aspects in understandable terms.

• Protection of your interests: Ensuring all legal and financial aspects are secured.

• Specialized fees: Tailored pricing for properties in this specific area.

For more detailed information regarding conveyancing and property law in Spain, please visit our dedicated Property Law section.

TLACORP is at your entire disposal. Just contact us for a personalized quotation and let us guide you through a confident and successful property purchase or sale in Almería Province.