For everything there has to be a first time. So it is with buying a house in Spain. What practical questions should you ask yourself before you buy a house in Spain? Here’s a list.

Question 1. Did you ask for a nota simple?

Ask for a nota simple at the Registro de Propiedad, the Spanish Property Register. In this document you will find a short description of the house you want to buy, who is the owner of the property, if there is any debt on the house, such as a mortgage, usufructuary, or other rights.

Question 2. Did you ask for proof of payment?

If there is any mortgage or other debt on the property, ask for proof of payment. If the mortgage has been paid but the seller didn’t cancel the mortgage, this proof of payment may show the last payment has been made. If the seller is still paying the monthly instalments of the mortgage, ask for proof so you can see if the payments are up to date. Especially when there is a delay in payment, you need to be informed about this, as the bank can still execute its rights and sell the house even if you are the new owner.

Question 3. Did you ask if the house is let to tenants?

Make sure that the house is not let to tenants. According to article 25 of the Ley de los Arrendamientos Urbanos (LAU) a tenant may have a preference right. This means that he will have the first right to buy the property. So make sure that you put in your contract with the seller that the house will be free of tenants.

Question 4. Did the seller pay the local municipal property tax?

The local municipal property tax charged by the town council is also called the Impuesto de Bienes Inmuebles (IBI). Did the owner pay them? Are there other municipal taxes? Are they paid as well?

Question 5. Is the seller up to date with the payment of the cuotas de comunidad?

Now consider the gastos de comunidad, the monthly costs to be paid to the urbanisation where the property is situated? Are there any community costs? Is the owner up to date with all payments? Go to the president of the Comunidad de Propietarios and ask for the records of payment. If you don’t do this, you will be responsible for the missed payments up to one year.

Be critical in the questions you ask. You can get much more information than you expected before. And that’s good because it only strengthens your position in the negotiation process.

Good luck!

© Lilian Hermans - Quilantro