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It goes without saying that buying off plan
in Spain it is exciting. However, caution is
what should be exercised. Knowing that the
development has the right permissions and
is legal is not something often thought
about. It is generally accepted by buyers
that if a development is being built it is legal.
To the cost of many this may not always be
the case.
You have seen the plans, you may have
been to the site to see where your new
house will be. However, buyers of a new
build property should be aware of a number
of factors.
The most important is to seek independent
legal advice when purchasing off plan cannot
be overstated. Beware not to engage the
services of the Lawyer who is representing
the Developer, Promoter or Agent. They may
not be as independent as would presume.
It is essential that all contractual enquiries
are made before agreeing to buy in order to
ensure the property has correct licensing
and planning permissions. And that there
are no hidden debts/charges affecting the
property, land or indeed the developers
company. Is the Constructor the Proprietor
of the building? Does the Constructor have
the appropriate licences to build?
in Spain it is exciting. However, caution is
what should be exercised. Knowing that the
development has the right permissions and
is legal is not something often thought
about. It is generally accepted by buyers
that if a development is being built it is legal.
To the cost of many this may not always be
the case.
You have seen the plans, you may have
been to the site to see where your new
house will be. However, buyers of a new
build property should be aware of a number
of factors.
The most important is to seek independent
legal advice when purchasing off plan cannot
be overstated. Beware not to engage the
services of the Lawyer who is representing
the Developer, Promoter or Agent. They may
not be as independent as would presume.
It is essential that all contractual enquiries
are made before agreeing to buy in order to
ensure the property has correct licensing
and planning permissions. And that there
are no hidden debts/charges affecting the
property, land or indeed the developers
company. Is the Constructor the Proprietor
of the building? Does the Constructor have
the appropriate licences to build?
| Costa Blanca Lawyers - Buying a property off plan in Spain - advice in English from English Lawyers |
Bank Guarantee - Is your deposit secured
by a Bank Guarantee? A Developer should
provide bank guarantees against each
payment made on account of the purchase
price. Sadly some do not have this in place.
Developers who are building without proper
planning permission make it impossible to get
the Cédula de Habitabilidad (License of
habitation) once the Final de Obra (Final Works
Certificate) has been lodged at the town hall.
With he absence of these Licences upon
completion utility companies will not allow a
contract of service in the name of a purchaser
and insurance companies may be reluctant to
pay in the event of any claims.
More worryingly is the fact that contracts
offered to buyers are not always fair and may
give little or no protection to a buyer.
Many are left mystified about the process
and do not understand why they must hand
over money when they do. The fees charged
have in some circumstances been exorbitant.
If you are already in the process of buying
and have any concerns we are usually able to
take on the legal work for the purchase of you
new home in Spain. Contact us today for an
initial free consultation
by a Bank Guarantee? A Developer should
provide bank guarantees against each
payment made on account of the purchase
price. Sadly some do not have this in place.
Developers who are building without proper
planning permission make it impossible to get
the Cédula de Habitabilidad (License of
habitation) once the Final de Obra (Final Works
Certificate) has been lodged at the town hall.
With he absence of these Licences upon
completion utility companies will not allow a
contract of service in the name of a purchaser
and insurance companies may be reluctant to
pay in the event of any claims.
More worryingly is the fact that contracts
offered to buyers are not always fair and may
give little or no protection to a buyer.
Many are left mystified about the process
and do not understand why they must hand
over money when they do. The fees charged
have in some circumstances been exorbitant.
If you are already in the process of buying
and have any concerns we are usually able to
take on the legal work for the purchase of you
new home in Spain. Contact us today for an
initial free consultation
Make sure your new home is going to be legal or you may never move in!
Is your off plan new
build legal?
Does the building
and land have
proper planning
permissions?
Check whether or
not there is a bank
guarantee against
deposits / interim
payments
Don’t hand over
cash to anyone
Make sure the
Escritura price is
right
Check figures you
are given for costs
Make sure you do go
to a Notary
Use independent
lawyers only
Property for sale
Houses By Lawyers
build legal?
Does the building
and land have
proper planning
permissions?
Check whether or
not there is a bank
guarantee against
deposits / interim
payments
Don’t hand over
cash to anyone
Make sure the
Escritura price is
right
Check figures you
are given for costs
Make sure you do go
to a Notary
Use independent
lawyers only
Property for sale
Houses By Lawyers
| NORTH OFFICE ALFAZ DEL PI Tel 966 860 555 Calling From The UK? 3p per minute anytime Tel 08444 257 633 Contact SOUTH OFFICE SAN FULGENCIO Tel 966 727 931 Contact |
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Tel 966 814 506