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This is where it all begins. You have looked at numerous plots, your feet are sore but you have now found one which you both like. Or perhaps you asked us to find you land and having done so all our feet are sore. However having found land by whichever method the next step is to purchase it avoiding all known problems. |
Now let's make one thing very clear from the outset. Despite the shocking reputation Spain has when it comes to the purchase of land or property the simple fact is that if you are well represented by someone who knows what they are doing and have retained the services of an experienced, competent lawyer then there is nothing else you need do or anything you need worry about. You are not going to have your land snatched back by bent politicians and constructors because they are not going to get the opportunity. You are not going to be left with land upon which you cannot build because until we know you can build you will not be allowed to purchase it. As for owning an illegally built house - forget it, not a brick will be laid until such times as all licences and permits are in our posession full stop!.
Let's briefly explain how we do things. Unlike the United Kingdom there is no such thing as “outline planning” so the possibility exists of buying land upon which you will not be able to build – something which is done regularly by British land buyers. You will be the first to agree that this would not be an acceptable situation and pleased to learn that we, in conjunction with our lawyers, have developed a system which is unique to us and which ensures that this cannot happen.
For the system to operate safely we require that you utilise the service of any of the lawyers with whom we regularly work in order that we may follow the procedures which were designed to protect you but we do appreciate that you may wish to appoint your own lawyer when the procedures for purchase on your behalf will be those determined and preferred by him. If you appoint your own lawyer, he will carefully explain the buying procedure he uses but if you work with one of ours this is the procedure which will be followed: |
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Having found land which you wish to purchase the first thing we must do is agree the price with the vendor. We will explain to him that certain checks must be carried out prior to the sale taking place but as a sign of good faith, a deposit will be paid to your solicitor to be held in his client account with the instructions that it be paid immediately to him (the vendor) when everything has checked out. Some tend to baulk at this arrangement but most eventually agree. If they don’t we have to find other land because we won't deal on any terms other than those which are safe.
Your lawyer will ascertain the following :
1. That the land is suitable for construction purposes by initiating a full geo-physics survey
2. That both water and electricity are available and will be by the time required.
3. That the land is free of all encumbrances, charges with no right of way or access problems.
4. Full contact with the planning authorities to ascertain that building will be permitted.
5. Full search of the land registry to reveal all owners without whom the sale cannot proceed.
6. Site survey to ascertain accessibility for the delivery and storage of construction materials.
Only when we know that the land can be put to the use it is required will the sale proceed. If the sale does not proceed, your deposit (safe with your lawyer) will be refunded immediately. You will not find yourselves in the position of owning land upon which you cannot build or for which there are no utilities.
Notaries Office
Once your lawyer has established that the land is fit to build on, planning is assured and everything else is in place, the sale will proceed. Your deposit will be released to the vendor and the contract which will have been prepared previously, signed. You will have agreed the terms of the contract with your lawyer including the date for the balance. All money should be paid through your lawyer and not to the vendor - unless he advises otherwise.
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The final payment will take place at the Notary’s office when all documents will be signed by both vendor and buyer. Tax due to the State will be paid to the Notary at this time. If you do not wish to attend this event you can give your lawyer a limited power of attorney which allows him to act on your behalf in your absence. Although it will take some months before you obtain the Escritura (title deeds) from the land registry, this will not delay any aspect of the construction. |
In Spain, it is quite common to purchase land before planning permission has been granted. It is also usual to purchase land before a geophysics survey has been carried out. In both cases there is a distinct risk that building may not prove possible. The methods used by us in purchasing land are those neccessary to protect all of your interests during all stages of the transaction and ensure that you do not get left with land upon which you cannot build. Were this to happen your land would be worth only a fraction of that which you paid for it and its only use would be for agricultural purposes.
