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LEGAL REPORT BY JOSE ESCOBEDO | LAWYER

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CHECKING ALL YOUR SPANISH PROPERTY DOCUMENTATION

Foreign property owners often do not realize that they haven´t got all the right documents for their property until they come to sell ... so why wait until the last minute to check through your papers.

If you are a home owner, take a minute to check through our checklist below and avoid problems and delays when it comes to selling your property. These are the property documents and information that you must have when you legally purchase a property:

1. TITLE DEEDS (COPIA AUTORIZADA DE LA ESCRITURA): many foreign owners confuse the hard copy of the deeds (ESCRITURA) with the authenticated photocopy (COPIA SIMPLE). You must have the original title deeds which have been stamped and signed by the Property Ownership Registry (Registro de la Propiedad) and the Tax Office (Hacienda)

2. CEDULA DE HABITABILIDAD (certificate of occupancy): you need this document to contract electricity, water and gas supplies, and it proves that the property is legal and habitable

3. CATASTRO registration (Spanish fiscal land registry)

4. NIE (identity number for foreigners)

5. Proof of payment of taxes: FORM 600, FORM 211, FORM 214 and Plusvalia (capital gains local tax)

6. NEW DEVELOPMENTS: insurance policy for major defects on new constructions (10 year cover)

7. Architect´s certificate of completion of building works

8. Complex statutes

9. Payment of local taxes: refuse collection and IBI (annual Spanish property tax)

10. Annual taxes (form 214). Wealth and Income tax

Finally, it is a good idea to do a search for your property on the Property Ownership Registry to make sure that there are no outstanding taxes or debts to be paid. You should remember that any tax liabilities must be cancelled within 4 years of purchase so that your property has a clean record.

Jose Escobedo
Abogado - Lawyer

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C.C San Eugenio local 81
Playa de las Américas, Tenerife

About

José Escobedo is an English speaking Spanish Lawyer in Tenerife offering independent Spanish legal advice, litigation services and Spanish legal conveyancing on purchases and sales of property in Tenerife, Canary Islands, Spain.

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