Many UK citizens searching for their dream home in Spain have come a cropper in the hazardous Spanish property market and up to now if you are not a fluent Spanish speaker there has been little help at hand.
However, the British Embassy in Madrid now has a brilliant website with comprehensive information on most of the common problems experienced by UK citizens here in Spain, including buying and selling property. Although the embassy stresses they are not able to give advice on individual problems they have introduced a dedicated expert to keep abreast of the property issues. The web address for issues around buying and selling property is: http://ukinspain.fco.gov.uk/en/help-for-british-nationals/living-in-spain/property-in-spain/.
In July central government introduced a new law on property transactions and mortgages reported on this webpage last month. NEXOnr reported that the income threshold had been increased for debtors subject to repossession proceedings. Now the full text of the law has been published at http://www.boe.es/boe/dias/2011/07/07/pdfs/BOE-A-2011-11641.pdf . All the new clauses affecting UK citizens are featured on the Madrid Embassy website in their Property Information section.
Under the law, which came into effect on July 7, English speaking property owners and purchasers are now able to request a Land Registry certificate (nota simple) in English from the Colegio de Registradores (College of Registrars). A certificate, including the translation fee, costs €29 (plus VAT) and can be requested from the Colegio de Registradores website https://buyingahouse.registradores.org.
The law also requires that all properties and all information about properties, legal and illegal, including their legal status is incorporated into the Land Registry which must be made available by the local Town Hall and that all details of a property appear on the “nota simple” including pending legal proceedings, fines and demolition orders. If the Town Hall fails to provide this information they will be held responsible for economic damages affecting third parties who bought in good faith.
There is also increased protection for purchasers who buy off-plan from a developer. The decree states that it is not possible to register a new property on the Land Registry unless it has a licence of first occupation, a construction licence and a technical certificate which states that the property corresponds to the plans for which the licence was granted.
The law is not retrospective and only protects those buying and selling property after July 7.
If you are experiencing any administrative problems or require information about, for example, registering your British car or health care, the new Madrid Embassy website is well worth a visit as it offers a wealth of information on a wide variety of issues affecting UK citizens living in Spain.
