How do I find out the legal situation of a property in Spain.

To find these things out, go to the PROPERTY REGISTRY (REGISTRO DE LA PROPIEDAD) where the home is registered. You can apply for the information yourself or have us do it for you. Always get information from the registry before you hand over any money or sign any agreements. Here is how to apply for information:

  • You can ask any Property Registry in Spain, and you can apply for information in person, by fax, post or e-mail.

  • You can also apply for information at the Association of Registrars’ web site, www.registradores.org, right from your home, and the information will be sent to you via e-mail.


What does the information I get look like?

You can get registry information in the following forms:

 

An uncertified note, which will give a description of the home, its situation, its area, any property appertaining to it, its share of building ownership, any special administrative programmes it belongs to (such as the low-income housing programme), mortgages, including the mortgage liability for principal, interests and costs, the mortgage’s term, any injunctions, easements or possible lawsuits involving the property, any tax-related encumbrances, and generally any circumstances involving the home’s ownership. The note may also include any other information you expressly ask for. This note is for your information only and cannot be used in legal proceedings as proof of the non-existence of burdens and liens.

 

Certificate of ownership and burdens, which contains more information than an uncertified note, because if you prove your interest as a potential buyer, you can ask for it to include a word-for-word reproduction of entries, or information on the non-current history of the property. Since this is a public document signed by a registrar, a certificate can be used in court and third-party proceedings to prove the absence or presence of liens on a given piece of property.

 

You can also ask the registrar for a written report on the property’s registered situation.

 

Or ask the registrar for oral advice. He or she is obliged to report orally on issues concerning the registered situation of property. This advice is always free of charge, and the registrar must spend at least two hours a day on this kind of work.

 

In all these cases, keep in mind that legislation on the protection of personal information may limit what registration information can be given to you. In addition to checking up on the facts at the Property Registry, you must always have the seller provide certain complementary documentation:

  • An authorised copy of the seller’s deed of purchase, if you are looking to buy a second hand home.
  • A tax receipt proving that the seller has paid the latest property tax.
  • A certificate from the president or secretary of the building tenants’ association, attesting that the home you want to buy does not owe the association any dues.
  • A formal statement, in a deed, declaring that there are no leases on the home you want to buy.