The best advice that any Briton can be given, even before he thinks of buying property in Spain, is: ‘recognise, from the start that Spanish land law and its operation is very different from that of the UK’. This may seem an obvious assertion but many of the problems experienced by UK buyers in Spain stem from a mistaken belief that Spanish land law and building control is almost identical to that of the UK. It is not – anymore than it is in Poland, France or Morocco.
The UK has a very high standard of land law and any transgressions of illegality are penalised quickly. Certainly, if a property is built illegally, for example, then it is invariably promptly demolished by the local authority concerned. This is not the case with Spain. In fact, there are many properties throughout Spain that are either illegal, semi-legal or that have significant potential future liabilities.
Certainly, particularly in country areas you cannot presume that just because a building exists that it is fully legal or that it will not have significant potential future liabilities. In truth, you are better to think the reverse and then only buy after your conveyancing lawyer has provided conclusive proof to the contrary. If you do not follow this strategy then you may end up with the subsequent demolition of your Spanish property or the loss of some of your land and/or the requirement to pay considerable money to your local authority.
All of this is not to say that you cannot buy safely in Spain. You can. Millions of Spanish people and many expatriots own completely safe, secure, problem free properties - just as we do in the UK. However, unlike the UK, Spain can be unforgiving if you are careless or lack an understanding of how property matters operate.
As always, pre-warned is pre-armed and it is my aim to provide you with the knowledge to ensure that any move to Spain or purchase of Spanish property is done safely – for the long term.
In my next couple of Blogs I will tell you about the two most important classifications of land in Spain: urbanizado and rural. Knowing what they are is critical - and only once you understand their significance should you start looking for your dream property...1
The UK has a very high standard of land law and any transgressions of illegality are penalised quickly. Certainly, if a property is built illegally, for example, then it is invariably promptly demolished by the local authority concerned. This is not the case with Spain. In fact, there are many properties throughout Spain that are either illegal, semi-legal or that have significant potential future liabilities.
Certainly, particularly in country areas you cannot presume that just because a building exists that it is fully legal or that it will not have significant potential future liabilities. In truth, you are better to think the reverse and then only buy after your conveyancing lawyer has provided conclusive proof to the contrary. If you do not follow this strategy then you may end up with the subsequent demolition of your Spanish property or the loss of some of your land and/or the requirement to pay considerable money to your local authority.
All of this is not to say that you cannot buy safely in Spain. You can. Millions of Spanish people and many expatriots own completely safe, secure, problem free properties - just as we do in the UK. However, unlike the UK, Spain can be unforgiving if you are careless or lack an understanding of how property matters operate.
As always, pre-warned is pre-armed and it is my aim to provide you with the knowledge to ensure that any move to Spain or purchase of Spanish property is done safely – for the long term.
In my next couple of Blogs I will tell you about the two most important classifications of land in Spain: urbanizado and rural. Knowing what they are is critical - and only once you understand their significance should you start looking for your dream property...1
Offers properties for sale and information on buying process, Spanish mortgages, tax planning. www.valuvillas.com
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