The purchase Title Deed of a property in Spain will be drawn up according to the will of the parties and its terms must be clear and precise, that is, not giving rise to any ambiguity or misunderstanding.
If you do not know the Spanish language, do not worry, a professional from our office will accompany you to the firm, as well as an official interpreter, who will translate the content of the deed into your language.
The law in Spain provides for the intervention of an interpreter, when the parties or one of them does not know the deed’s language. This interpreter, appointed by the party who does not know the language, will carry out the translation of the document and sign it, together with the other parties appearing at the notary’s office.
The notary shall identify the grantors by means of an identity document containing their photograph and signature. In the event that the parties do not appear in their own name but on behalf of another person, natural or legal, the deed shall contain the details of the document authorising such representation.
The notary will also check the ownership of the property you are buying. For this purpose, the notary will request and receive information from the Land Registry. The notary will incorporate into the deed the contents of the Registry information, indicating the day and time of receipt.
Regarding your home in Spain, the purchase Title Deed in Spain will include a description, according to the information contained in the previous title of acquisition and in the Land Registry, including registry data, the cadastral reference number, if there are charges registered on the property and the existence or not of tenants in the same.
In relation to the charges, we can find among others, a mortgage, an easement or a seizure.
The Cadastre is a registry under the Ministry of Finance and Public Function, which includes rustic, urban or special property. The deed of sale will include a descriptive and graphic cadastral certification accrediting the location and cadastral reference, the surface area, the use or destination, the cadastral value and the cadastral owner, with his/her tax identification number or, if applicable, foreigner’s identity number.
Unless proved otherwise and without prejudice to the Land Registry, whose legal pronouncements will prevail, the data contained in the Real Estate Cadastre are presumed to be true.
You must know that the inscription of your house in the Cadastre is obligatory, as well as if an alteration of its characteristics takes place and a cadastral value will be assigned to it.
“Cadastral value is determined objectively for each property from the data in the Real Estate Cadastre and shall be composed of the cadastral value of the land and the cadastral value of the buildings.»
Therefore, the cadastral reference allows the identification of the real estate and its location in the cadastral cartography. It is an alphanumeric code, composed of twenty characters, which is assigned by the Cadastre so that every property must have a single cadastral reference that allows it to be located unequivocally in the cadastral mapping.
In addition, the notary will check whether there are any outstanding IBI and Community of Owners’ payments. Real estate tax is a direct tax on the value of real estate, the taxable person is the person who owns the property, and the tax period begins on January 1 of each year.
Regarding the payment of the fees to the Community, the Horizontal Property Law establishes in its article 9 the obligation of each owner to contribute, according to the participation quota of each property, to the payment of the general expenses for the adequate maintenance of the property and its services.
In the purchase Title Deed in Spain, the parties will request the registration of the sale in the corresponding Spanish Property Registry, and it will be stated to which party the payment of taxes and expenses in relation to the granting of the deed corresponds.
The notary in Spain, at the request of the parties, will ask the Land Registry for the preventive annotation of the deed. This entry will expire if an authorised copy of the deed is not submitted to the Registry within ten working days.
Finally, the notary gives the serial number of the sheet where the deed begins and the sheet where the deed ends, and the document is signed by the parties and the notary.
The deed will be issued on stamped paper. At the end of the document, the notary will express the numbering of all the sheets or sheets used.
At Welex, your conveyancing lawyer in Spain, for your peace of mind and security, the professional in charge of your case will accompany you to the notary’s office to explain the content of your deed and clear up any doubts you may have.