Join Talk Quesada
Welcome to Talk Quesada! My name's Alex and this is my website all about Ciudad Quesada in Spain. Talk Quesada is free to sign up and use so register below!
All documents for completion of house purchase
All documents for completion of house purchase
by bergor » Tue Nov 07, 2017 9:30 pm
Hi
I would like to check what paperwork is required to be given to a new owner when the sale of a house has been completed.
I know the house deeds are to be handed over, but want to also know if the habitation cert and escatura/escritura for house (whatever that is - maybe someone can explain) need to be given to new owner.
Also any other documentation that is required to be kept by owner of property please let me know.
Many thanks in advance.
Regards
Bernie
I would like to check what paperwork is required to be given to a new owner when the sale of a house has been completed.
I know the house deeds are to be handed over, but want to also know if the habitation cert and escatura/escritura for house (whatever that is - maybe someone can explain) need to be given to new owner.
Also any other documentation that is required to be kept by owner of property please let me know.
Many thanks in advance.
Regards
Bernie
- bergor
- Posts: 111
- Joined: Sat Sep 17, 2016 8:49 pm
- Gender: Female
Re: All documents for completion of house purchase
by Debb » Tue Nov 07, 2017 11:11 pm
Hello:
Escritura is the paper from the notary that pruves thar you own the house. You dont give it to the new owner, you go with it to the notary, your ID and the last payment about IBI (house tax) from SUMA. You will need your ID also.
You will need to pruve that you pay the last payment about the comunity ( if there is one)
Escritura is the paper from the notary that pruves thar you own the house. You dont give it to the new owner, you go with it to the notary, your ID and the last payment about IBI (house tax) from SUMA. You will need your ID also.
You will need to pruve that you pay the last payment about the comunity ( if there is one)
- Debb
- Posts: 28
- Joined: Thu Oct 12, 2017 11:01 am
- Which part of Spain are you from?: Benijofar
- Gender: Female
Re: All documents for completion of house purchase
by Paulr » Wed Nov 08, 2017 12:57 pm
You don't say whether you are the Vendor or Purchaser and whether you have legal advice, so this is a general response:
The lawyer acting for the Purchasers should obtain the Escritura (Deeds) and Habitacion Certificate from the Vendors' lawyer, along with any other documents related to the property, such as building licences for any works carried out on the property. If the Cadastral records (Land Registry) have not been updated to include any changes to the property, these will need to be updated and the amended record provided to the Purchasers' lawyer. This doesn't necessarily delay a sale, but a good lawyer will ensure that the cost of correcting official records is borne by the Vendor and retain money from the sale price to cover the cost of doing this.
Similarly, Habitacion Certificates should be renewed every 10 years, although it seems that most people don't do this until they come to sell their property.
The Purchasers' lawyer should also check that SUMA bills, i.e. IBI (Council Tax), Basura (Rubbish collection); Community Fees (if relevant) and all utilities have been paid up to date.
A Purchaser should also be given service certificates for any gas appliances in the property, as these have to be serviced and certified by an approved gas engineer every 5 years by Law.
The lawyer acting for the Purchasers should obtain the Escritura (Deeds) and Habitacion Certificate from the Vendors' lawyer, along with any other documents related to the property, such as building licences for any works carried out on the property. If the Cadastral records (Land Registry) have not been updated to include any changes to the property, these will need to be updated and the amended record provided to the Purchasers' lawyer. This doesn't necessarily delay a sale, but a good lawyer will ensure that the cost of correcting official records is borne by the Vendor and retain money from the sale price to cover the cost of doing this.
Similarly, Habitacion Certificates should be renewed every 10 years, although it seems that most people don't do this until they come to sell their property.
The Purchasers' lawyer should also check that SUMA bills, i.e. IBI (Council Tax), Basura (Rubbish collection); Community Fees (if relevant) and all utilities have been paid up to date.
A Purchaser should also be given service certificates for any gas appliances in the property, as these have to be serviced and certified by an approved gas engineer every 5 years by Law.
-
Paulr - Posts: 1122
- Joined: Fri Jan 13, 2017 11:52 am
- Which part of Spain are you from?: Formentera
- Gender: Male
Re: All documents for completion of house purchase
by bergor » Wed Nov 08, 2017 9:11 pm
Thanks so much to both of you for your very informative reply. We have purchased a property and wanted to check what papers we should have. We went through an estate agent but seem to have very little paperwork!
kind regards
Beenue
kind regards
Beenue
- bergor
- Posts: 111
- Joined: Sat Sep 17, 2016 8:49 pm
- Gender: Female
Re: All documents for completion of house purchase
by Paulr » Wed Nov 08, 2017 9:26 pm
Hopefully you appointed an independent lawyer, rather than one tied in with the estate agent? Bureaucracy in Spain is rather slow - about 6 months after our purchase, our lawyer sent us a bound document which included our Deeds, Habitation Certificate and copies of the updated Cadastral records, reflecting the extension that had been built onto our property, prior to our purchase. Our lawyer told us we would receive these documents when we attended the Notary on completion day, so if you don't have the relevant documents or an indication of when you are likely to receive them, I think it would be sensible to query it with your lawyer sooner rather than later.
-
Paulr - Posts: 1122
- Joined: Fri Jan 13, 2017 11:52 am
- Which part of Spain are you from?: Formentera
- Gender: Male
Re: All documents for completion of house purchase
by Roxy » Wed Jul 04, 2018 6:30 pm
Hi all,
Can anyone tell me how long it takes to receive your title deeds? We have been to the notary with our Solicitor and received a copy Of The deeds but 12 months later we are still waiting for the originals. Our Solicitor says there is a large back log of people waiting, but 12 months?
Any information would be appreciated
Thank you
Can anyone tell me how long it takes to receive your title deeds? We have been to the notary with our Solicitor and received a copy Of The deeds but 12 months later we are still waiting for the originals. Our Solicitor says there is a large back log of people waiting, but 12 months?
Any information would be appreciated
Thank you
- Roxy
- Posts: 71
- Joined: Wed Feb 15, 2017 8:12 pm
- Gender: Male
Re: All documents for completion of house purchase
by marcliff » Wed Jul 04, 2018 6:53 pm
Original title deeds are lodged with the land registry. You will only receive an "authorised" copy, one that has been signed by the notary and not a photocopy of his signature.
If you have a mortgage on the property then the bank will retain the authorised copy until the mortgage is complete. If no mortgage then you get the authorised copy.
When you signed for the property at the notary, the notary will have made notes on both the one that goes to the land registry and the one you get and will sign both. The notary will also keep a copy which you can request if you lose yours but will again sign it to authorise it.
Re the habitation certificate. They are now only valid for 5 years. There is no need to renew unless you are selling the property, it's not one of those things that you renew on a regular basis. It just means that if you wish to sell the property within 5 years then it will be acceptable, after 5 years and you have to get a certificate of 2nd occupancy but only when you come to sell.
If you live in the house for 20 years you don't have to get 4 habitation certificates. The first one and then the 2nd when you come to sell it.
If buying, your solicitor will get a copy of the deeds and needs to supply that, a bill of sale stating the complete price, a habitation certificate if over 5 years, an energy proficiency certificate, a letter from administrators stating no community fees are payable and an inventory of what will be included in the house sale (furniture, white goods and so on). Also any licenses for improvements or changes to the property as listed on the deeds.
If selling then you provide those to the notary (usually through a solicitor) and a statement that there are no taxes or mortgages outstanding on the property. The deeds should have been adjusted if a mortgage has been completed or you will have to pay to get the deeds changed to show this. A solicitor will be able to get certificates of all taxes paid and they will usually retain a certain amount to cover utility bills for the previous billing period which you will get back if nothing is outstanding.
There is also the retention tax of 3% if you are a non resident.
Edit(I've probably left something out but I usually do, I'll be 70 next birthday, you know)
If you have a mortgage on the property then the bank will retain the authorised copy until the mortgage is complete. If no mortgage then you get the authorised copy.
When you signed for the property at the notary, the notary will have made notes on both the one that goes to the land registry and the one you get and will sign both. The notary will also keep a copy which you can request if you lose yours but will again sign it to authorise it.
Re the habitation certificate. They are now only valid for 5 years. There is no need to renew unless you are selling the property, it's not one of those things that you renew on a regular basis. It just means that if you wish to sell the property within 5 years then it will be acceptable, after 5 years and you have to get a certificate of 2nd occupancy but only when you come to sell.
If you live in the house for 20 years you don't have to get 4 habitation certificates. The first one and then the 2nd when you come to sell it.
If buying, your solicitor will get a copy of the deeds and needs to supply that, a bill of sale stating the complete price, a habitation certificate if over 5 years, an energy proficiency certificate, a letter from administrators stating no community fees are payable and an inventory of what will be included in the house sale (furniture, white goods and so on). Also any licenses for improvements or changes to the property as listed on the deeds.
If selling then you provide those to the notary (usually through a solicitor) and a statement that there are no taxes or mortgages outstanding on the property. The deeds should have been adjusted if a mortgage has been completed or you will have to pay to get the deeds changed to show this. A solicitor will be able to get certificates of all taxes paid and they will usually retain a certain amount to cover utility bills for the previous billing period which you will get back if nothing is outstanding.
There is also the retention tax of 3% if you are a non resident.
Edit(I've probably left something out but I usually do, I'll be 70 next birthday, you know)
Last edited by marcliff on Wed Jul 04, 2018 7:02 pm, edited 2 times in total.
-
marcliff - Posts: 9694
- Joined: Sat Mar 03, 2012 4:41 pm
- Location: Doña Pepa 2
- Which part of Spain are you from?: Dona Pepa 2
- Gender: Male
Re: All documents for completion of house purchase
by jpeg » Wed Jul 04, 2018 6:59 pm
You will need to be given a copy of The Energy Performance Certificate without which the property should not have been sold or advertised for sale .
- jpeg
- Posts: 9342
- Joined: Tue Jun 27, 2017 11:24 am
- Which part of Spain are you from?: Dolores
- Gender: Male
8 posts
• Page 1 of 1
Related topics
-
- Similar Topics
- Replies
- Views
- Last post
-
-
Advice on which house alarm to purchase
by Telsh » Fri Feb 23, 2024 7:28 am in Where to buy things in and around Quesada - 6
- 134
-
by bakes4112
Sat Feb 24, 2024 10:13 am
-
Advice on which house alarm to purchase
-
-
Documents Translation
by Collins » Thu Sep 14, 2023 12:01 pm in Off topic - 4
- 149
-
by Carer2
Fri Sep 15, 2023 3:07 pm
-
Documents Translation
-
-
New Car Purchase
by sophie m » Sun May 14, 2023 12:16 pm in Quesada general discussion - 9
- 521
-
by Mac3blade
Mon May 15, 2023 7:53 pm
-
New Car Purchase
-
-
David Roberts documents
by Sunshine60 » Sun Nov 19, 2023 12:06 pm in Quesada general discussion - 2
- 346
-
by helpful
Sun Nov 19, 2023 7:36 pm
-
David Roberts documents
-
-
Bankinter update documents
by faolteam » Tue Apr 25, 2023 9:47 pm in Quesada general discussion - 0
- 115
-
by faolteam
Tue Apr 25, 2023 9:47 pm
-
Bankinter update documents
Return to General property discussion
Who is online
Users browsing this forum: No registered users and 2 guests
Login
Find in Quesada
Quesada pages
Quesada discussion
- Quesada general discussion
- Banking and finances
- Broadband, Wifi, Phone and TV
- Buses and public transport in and around Quesada
- Driving to Spain / Car hire in Spain / Buying and owning a car in Spain
- Fiestas in Quesada
- Flights, baggage and airports
- Health services in Quesada
- Insurances and wills in Spain
- Items for sale and wanted in and around Quesada
- Interesting articles about Spain
- Jobs and careers in Quesada
- Lost and found in Quesada
- Market days
- Places to go for free Wi-Fi
- Recommended restaurants / cafes / bars
- Recommended Tradesmen and Companies
- Residency in Spain: padron, residencia and passport advice
- Safety / security information and property in Spain hints and tips
- Taxes in Spain: Suma, NIE and general tax advice
- Taxis in Quesada
- Things to do and places to go in and around Quesada
- Utilities in Spain: Electric, gas and water recommendations and advice
- Weather in Quesada
- Where to buy things in and around Quesada
- Where to hire things in and around Quesada
Properties discussion
Businesses and places in Quesada
- Bars and pubs in Quesada
- Beaches near Quesada
- Beauticians / Beauty salons in Quesada
- Bedding and soft furnishings shops in Quesada
- Butchers in Quesada
- Car dealers in Quesada: new and used car dealers
- Car garages, mechanics, tyre fitter centres in Quesada
- Car hire in Quesada
- DIY / Bricolage / Ferreteria stores in Quesada
- Equipment hire centers in Quesada
- Estate agents in Quesada
- Furniture shops in Quesada
- Garden centres and garden furniture shops in Quesada
- Golf Courses in Quesada
- Grills / gates / metal items shops in Quesada
- Hairdressers in Quesada
- Hotels, guest houses and bed and breakfasts in Quesada and nearby
- Internet service providers that cover Quesada
- Launderettes / dry cleaners in Quesada
- Markets in Quesada
- Medical / Health centers in Quesada
- Pet shops in Quesada
- Pharmacies / Chemist shops in Quesada
- Restaurants in Quesada
- Shopping centres in Quesada
- Sports centres and gyms in Quesada
- Supermarkets in Quesada
- Swimming pool services in Quesada
- Town Halls (Ayuntamientos) in Quesada
- Waterparks/Aquaparks in Quesada
- TalkQuesada » Board index
- The team • Delete all board cookies • All times are UTC [ DST ]
- Our other websites:
- Costa Blanca forum
- Costa Calida forum
- Costa del Sol forum
- Costa de Almeria forum
- Costa de la Luz forum
- Costa Dorada forum
- Costa Brava forum
- UK forum
- Jobs in the UK
- Our policies:
- Privacy policy
- User agreement
- Content policy
- Website created and operated by JSM Forum Websites