Arquifach, architectural studio in Alicante, advises: legal and tax considerations in the purchase of a second-hand house on the Costa Blanca

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There is a wide range of plots and land to build a villa on the Costa Blanca. But it is also possible to buy a second-hand plot that meets our needs. It is necessary to think that most of the plots with the best views, position and accesses are already built and occupied by chalets that in most cases are more than 25 years old. This type of plots allows us to demolish the existing building to make a new or comprehensive reform to modernize the home and adapt it to our needs.

There are several aspects to be taken into account when making a decision to buy a second-hand construction:

  1. The legal aspect: regarding the possible encumbrances and easements the property might have, such as the ownership of the property.
  2. The urban aspect: it means that there is no open file in the town hall against that property and other points to consider related to the urban planning.
  3. The tax aspect must be controlled: all the receipts of the IBI (Real State Tax) are paid, who is the owner in the cadaster, as well as other data referring to surfaces and boundaries.
  4. Finally, the construction aspect is important, since the state of the house must be known at least for the purposes of foundation, structure and rainwater problems. It would be convenient to clarify other aspects related to the state of the construction to be purchased. In addition, currently all homes for sale on the market must legally have and submit the Energy Performance Certificate to be able to write a deed on them.

The importance of documentation

Normally, a second-hand property is bought through a real estate agency or an intermediary. In general, they have prepared a series of documents regarding the house conditions. Otherwise you must provide them before proceeding to make any firm contract.

On the one hand, you have to request a simple note from the Land Registry to know the state of charges of the property. When the deed is signed, this information from the Land Registry must be electronically requested by the Notary and updated on the same day that the deed is signed so as not to have any last-minute surprises. Let’s suppose that at the beginning of the negotiations the seller’s representative brings a briefing note of the record where there is no charge on that property. If the negotiation lasts a few months, the seller could theoretically put a mortgage on the property, creating a burden on said property. If the aforementioned is carried out, this danger will no longer exist since the information obtained is from the same day that the deed of purchase-sale is signed.

Therefore, the submission of the briefing note of Land Registry by the seller is a starting point that informs us about the situation at that moment of the beginning of the talks. It should be said that the Land Registry is public and that anyone can go to the corresponding offices existing in the town, or near it, where the property for we are interested in is located and request a briefing note alleging interest in the subject, for example: a possible purchase.

Regarding ownership, there are cases in which the seller is the owner of a private purchase-sale contract, but the registered owner is another. It may also be the case that the seller does so with a power from the registered owner. It would be convenient to verify that this private contract or the power of sale are in force. It is also much better for the real owner is part of the signing of the initial private contract, since at the time of signing the deed, the Notary must make all the necessary verifications to be certain that the one signing as a seller can do it.

It must be verified that the home surfaces detailed in the deed, and therefore in the Land Registry, correspond to reality. It is normal that the owner of a villa has made extensions over the years and has not declared them, which may have tax implications at the time of fixing the price of the construction because it is not the original of the statement of New Work as of the value in the IBI since less square meters are being paid.

Arquifach, architectural studio in Alicante, advises you on the purchase of your home

Contact Arquifach, architectural studio in Alicante, without commitment. It has comprehensive services in the reform of second-hand homes and the support of a specialized team on the Costa Blanca. Arquifach covers the entire project: its design, construction, planning, pathology reports, assessments and general advice.