Vendors - The list of documents may seem overwhelming, but don’t worry, your
Gestor is used to compiling these documents for their clients. Indeed, about 20%
of my working week is spent helping vendors and their Gestors compile their
document pack including regular phone calls and meetings with the town planning
department of Busot and various architects – so you are not alone!
Buyers - With the amount of paperwork that has to be done now, it is almost impossible to move in quickly, which we know is frustrating. However, we do our very best to get the process underway as quickly as possible and will do everything we can to get you into your dream home as swiftly as we can.
1. The “Nota Simple”
Vendors – The Nota Simple document is really easy to get and only costs about 3 euros. For houses in Busot, you get this document from the Registro office in Jijona and it is a summary of all the important points detailed in your Escritura (your title deeds); a description of the property, a list of the owners and a list of any debts attached to the property.
You might think that it’s enough to provide the copy of the Escritura that you received when you bought the property, but it’s not. You need to provide a Nota Simple that is dated within the last 6 months for the buyers’ advisors to be able to see exactly what is registered at the title deed office NOW, not what was registered 10, 15, 20 years ago when you bought the property.
Buyers – once you have chosen your favourite property, ask your agent to send the Nota Simple to you or directly to your advisors. This may take 2 or 3 days as, if they don’t already have a recent copy on file, they will either need to wait for the owners to go to Jijona to get it or they can order it online for 10 euros and it will come in about 48 hours.
2. The “Declaración de Obra Nueva”
This document is only required if the information about the property that the land registry office have (it’s size, its description, its ancillary buildings such as BBQ, summer kitchen, sheds, garages, swimming pools,…) is not up to date.
It is very common for houses in Busot and its surrounding towns to have certain elements missing from land registry records, VERY common.
Vendors - Please don’t worry if this turns out to be the case for your house. Albeit it’s a shock at first as you probably thought that everything about the house had been registered on the title deeds when you bought the property and then you find out that it wasn’t! Until recently, this process of checking that the title deeds reflect the current real situation of the property was not systematic. There is a simple process to follow to have all the missing elements added to the title deeds which we can assist you with. This process is often referred to as a “Declaracion de Obra Nueva”.
Buyers – Please don’t worry if your favourite house requires this “Declaracion de Obra Nueva” process – it is a standard procedure that your advisors will be very familiar with and they will ensure that you only complete on the purchase once the necessary work has been done. It can take between 4-7 weeks from start to finish depending on a few factors and therefore, if you are in a hurry to complete, please ask us about the routes that can be used to shorten this process.
3. The CEE
The “Certificado de Eficencia Energetica” (or CEE for short) is a compulsory document in all EU countries. It is simply a report on the energy “performance” of the house (how well insulated it is, how much energy wastage there is, how economical it is to run etc etc). This can be useful to buyers in northern European countries where the weather is more of a problem, but I have never seen a buyer in our part of Spain make their decision on whether to buy a property or not based on the energy performance of the property.
Vendors – it costs in the region of 90 euros + IVA (+ the 10€ tax that your architect will have to pay on your behalf) to get this certificate done. We can put you in touch with architects who are registered to produce these certificates.
Buyers – The Gestor of the vendor will automatically include a copy of the CEE when they send the document pack to your advisors.
4. The “Cedula”
Referred to in several ways : The Cedula Habitabilidad or Habitation Licence or the Certificado de Segundo Ocupacion, this document is required so that the name on the water bills (and sometimes the electricity bills) can be changed from the vendor to the buyer. This document is only valid for a certain number of years (depending on when it was issued, but often for only 5-10 years). The law is not 100% clear on whether it is the responsibility of the vendor or the buyer to arrange this document and I have lawyers and Gestors arguing both scenarios.
Vendors – The Cedula you received when you bought may no longer be valid. Despite the fact that it is not 100% clear whether you HAVE to provide this document, we are finding that circa 75% of buyers and their advisors only wish to purchase if this document is completed by the vendor prior to the completion of the sale. It is never worth losing a buyer over this document. The same Architect who produces the CEE for you can also do the work to obtain the Cedula. The rules have changed regarding what is required to get this document, for example, you now need to be connected to the mains sewage drains (if they are in your road) or you have to change your septic tank to a new EU-approved style tank, before you can get the document.
Buyers – Bear in mind that vendors have higher potential costs (connection to the mains sewage system/ updated septic tanks) to get this document than in the past. This could mean that they cannot accept as much negotiation of the price if you require for them to obtain this document before completion. There is one scenario where it can actually be advantageous for a buyer to not insist on receiving this document prior to completion which we can talk you through.
5. The Certificado de No Infraccion Urbanistica
This document is a summary/report from the town hall of the situation, as they know it, of the property.
Vendors – This document only costs 30 euros and whilst it’s not compulsory, we strongly recommend that you start the procedure as soon as possible (it can take 6-8 weeks) for getting a copy of this from the town hall “urbanismo” office (which is not the building on the square in Busot, but the other one up the side street that has the flags outside). This document enables you to show buyers that you are not hiding anything and can reassure them to move forward with an offer. If your buyers have the intention of building anything in the grounds or extending the property, then they will absolutely need this document.
Buyers - In Busot, the main things that I have seen the town hall mention on this report are:
- That in the past, someone has built outbuildings or parts of the property that by today’s standards would be considered too close to the boundaries but, as they were built more than x years ago, they are not an issue and can remain. If you see this on the report, it is not a problem for you unless you are intending to make extensions to the property that require building licences (minor works do not apply). The town hall does not give new building licences to a property that has this remark (referred to as "Fuera de Ordenacion") on the Certificado de no Infraccion Urbanistica.
- That the property has not yet been connected to the mains sewage drains despite the fact that the house is located on a road that has had the drains put in. This mention will be removed once the property is connected.
In Busot, I have never seen a report come back from the town hall warning us that the house is illegal and needs to be pulled down :o)
Vendors – bear in mind that those vendors who have already compiled all of the above paperwork (which can take up to 3 months to do) are able to negotiate a better price for their property, than those who have not.
Buyers – bear in mind that many vendors have not yet got around to even starting the process of getting the above paperwork organised and therefore it could take 2-3-4 months from the time you make your offer to the time you can complete on the sale.
For more information on selling or buying a property in this part of Spain, feel free to call or email anytime…. We are happy to discuss anything you are not sure about whether related to buying or selling a property or what it’s like to live in Spain or run a business here.
We look forward to helping you in the future.