When buying a new apartment in Barcelona, it is crucial to conduct a thorough “due diligence” to avoid future problems. A lawyer specializing in real estate law can carry out the following checks:
1. Verification of the Legal Status of the Property:
- Property Registry:
- Verify the ownership of the property, ensuring that the seller is the legitimate owner.
- Verify the existence of charges, encumbrances, or limitations (mortgages, liens, easements, etc.).
- Ensure that the description of the property in the Registry matches the physical reality.
- Building Permit and First Occupancy License:
- Verify that the developer has the necessary licenses for the construction and subsequent occupancy of the property.
- Ensure that the construction complies with current urban planning regulations.
- Certificate of Habitability (Cédula de Habitabilidad):
- Verify that the property has the certificate of habitability, which certifies that it meets the minimum habitability requirements.
- Energy Efficiency Certificate:
- Verify that the property has the energy efficiency certificate.
2. Review of the Developer’s Documentation:
- Purchase Agreement:
- Carefully review the clauses of the contract, especially those related to the price, payment conditions, delivery deadlines, guarantees, and penalties for non-compliance.
- Ensure that the contract includes all verbally agreed conditions.
- Guarantees:
- Verify the guarantees offered by the developer, both legal and contractual.
- Verify that the developer has the ten-year insurance (seguro decenal).
- Building Handbook (Libro del Edificio):
- The developer must give the buyer the building handbook, which contains all the details of the construction.
3. Verification of the Urban Planning Situation:
- Urban Planning Regulations:
- Verify that the property complies with the current urban planning regulations in the municipality of Barcelona.
- Verify that there are no urban plans that may affect the property in the future.
- Community of Owners:
- Request information on the statutes of the community of owners, participation fees, outstanding expenses, and any existing conflicts.
4. Tax Aspects:
- Value Added Tax (VAT):
- Verify the VAT rate applicable to the sale.
- Property Transfer Tax (ITP):
- In the case of a resale property, verify the ITP.
5. Additional Recommendations:
- Visit the property at different times of the day to check the lighting, noise, and other relevant aspects.
- Request a technical report from an architect or surveyor to verify the condition of the property.
- Purchase home insurance that covers potential damage to the property.
In summary:
“Due diligence” is a fundamental process to ensure a safe and surprise-free purchase. A lawyer specializing in real estate law can help you carry out all the necessary checks and protect your interests.
Please feel free to contact us!
Phone: +34 692112284 +34 692 112 284
