Documentation for purchase – sale of properties
According to Decree 218/2005, dated 11th October 2005 and issued in BOJA 217 on 7th November 2005, on the regulation of consumer information in the sale and rent of housing in Andalucía, estate agents are required to ask owners of properties for sale – in second or subsequent transactions – for the information outlined below.
We’ve prepared a checklist and guide to help you gather together the right papers. It’s a good idea to be prepared and keep your documents up to date – then you can find them with ease if you should decide to sell your property.
The following documents are absolutely necessary:
- The first document you need is the sales deal– this form, signed by the owner, gives Magna Estates the right to market and sell the property on your behalf.
- A photocopy of the owner’s passport or National Identity Document. Also, if the property is in the name of a company, you will be asked to produce information about the company’s legal representative and a copy of its constitution, plus a notarised power of attorney.
- A copy of the Nota Simple – a document that proves the property has no outstanding debts against it – and a copy of the escritura (title deeds) with details of when it was entered in the land registry.
- Community fees – a receipt from the community management showing that the community fees are paid up to date.
- Owners need to produce a recent receipt for the property tax (IBI) to show up to date payment.
- Owners must also show that the annual refuse collection has been paid.
- An owner must have a certificate of energy efficiency. This document shows the energy efficiency rating for your property. The requirement to produce this document has been law since June 2013, and you can obtain the document through an officially authorised professional certified as competent to carry out inspections and issue energy certificates.
While you must have the above documents in place—be aware that there is a fine for not having an energy efficiency certificate—Magna Estates recommends that you also produce copies of documentos convenientes. This translates literally as ‘convenient documents’ but in English is probably closer to ‘useful’ documents. The two in question are: the floor plans of the property and the licence of first occupation.
When you realise that this documentation is in place to protect the buyer and make the process transparent, it begins to make a lot more sense. However, if you are at all unsure about whether or not the documents you already have are acceptable, or you have any queries about where to obtain any of the above, Magna Estates is here to help you. Just contact us with your query.
