Property and Legal Advice

Information on buying & selling a property in Spain plus legal advice on the key issues of living and working in the Axarquia


Since May 11, 2016 all property located in a residential area that is regularly offered through marketing or promotion channels to tourists for rental at a price, (i.e. travel agencies, mediators or organizing companies, or through any media giving the possibility of making a reservation or booking), is considered housing for tourism. TYPE OF ACCOMMODATION: Complete properties: The maximum permitted sleeping capacity for each property is of 15 people at any one time Bed and Breakfast /Rooms: The owner must reside in the property and cannot sleep more than 6 people at any one time In both cases the maximum occupation per room should not exceed 4 people. REQUIREMENTS: 1.Occupation Licence or Certificate of Habitability 2.All rooms must have direct ventilation from outside or from a patio, and must have some means of darkening. 3.The accommodation must be sufficiently furnished and equipped to meet the immediate requirements of the number of people specified 4.If the rental period includes dates in the months from May to September (inclusive), a fixed cooling device must be provided or if the rental period includes dates in the months from October to April (inclusive), then heating must be provided. 5.First aid kit 6.Provide: information and operating instructions for all appliances; tourist information; and telephone numbers for queries and incidents. 7. All properties must have a “Complaints and Claims Book” readily available with a corresponding prominently displayed wall notice. 8.The accommodation must be clean for the arrival and at the exit of clients 9.Bedding, linen, household goods in general should be supplied 10.Information on internal rules for use of the facilities and for the community.


Anyone who is in the position of applying for a mortgage with a Spanish bank would have certain questions: i.e. How much can I borrow? How do I go about it? What do I need? This article will attempt to answer all of these questions so that anyone who is currently applying for a mortgage, or perhaps contemplating doing so, will know what is required. Firstly, the amount of money that you can ask for must be established. Generally this varies depending on whether we are talking about tax residents or non tax residents. As a general rule for those who are tax residents, the limit would be 80% of the purchase price or of the banks valuation of the property, (the lower of the two values is the one used for the calculations). On the other hand, for non-tax residents the maximum amount would be 65-70% of the lowest valuation.


All buyers of property in Spain start their search on-line and therefore, making your property stand out, is essential. Currently, buyers have over 200,000 Spanish properties to choose from on Spain's leading property sales website. The formula for success is quite simple. Creative Property Marketing believes that empowering sellers to get the best marketing for their home is vital. Making sure a property is visible and well-presented on-line guarantees great internet 'curb appeal' – the equivalent to a successful UK drive past that results in a viewing! 1. It is rare to find two homes for sale in Spain that are identical - every home has a rare quality. This usually applies to homes for sale in an urban setting or in the countryside. Therefore, every Spanish home has a unique selling point relating to its structure, how it is decorated/finished, location or views. Realising this unique quality and promoting it, is key. Its likely, there is a buyer out there searching for the rare quality your home offers. Ensuring the title on your property details include your unique selling point is imperative. This is what will stop a buyer when searching on-line and encourage them to read more and ultimately organise a viewing!


A few months ago we provided some information on a new law introduced by the Junta de Andalucía which requires sellers of property situated on rustic land to obtain a certificate from their local Town Hall known as a Declaración de Asimilado a Fuera de Ordenación (DAFO). The DAFO certificate clarifies the situation of the property and confirms that there are no problems relating to the house or the land. All sales of houses on rustic land and updates of Escritura descriptions need this certificate and for sales it is needed prior to completion. The process involves an architect producing comprehensive plans of the property, confirming that the property is habitable with a functioning bathroom and kitchen, that it has legal electricity and water connections and that it has a septic tank not a 'black hole' or 'pozo negro'. The Town Hall check their records to ensure that proper planning permission has been granted for everything in situ and there are no sanctions against the property or files open investigating issues relating to the property. The Town Hall Architect then visits the property to ensure that all of these requirements have been met before issuing the certificate. Following the issuing of a number of these certificates by Town Halls for sales over the past months, we now have more experience of what is involved. For instance if a first occupation licence was produced for a house at the time of the original purchase and you have not built anything new since, then the DAFO is not required for the sale of that property. But if you have added anything new to the building then the DAFO will be needed.


In Holland (Belguim also) clients who want to buy a house use just one agent to do all of the legwork for them. We think that this is a great idea, saving time and energy. Have a read at our coordinated approach to buying houses.

Initial Steps
Having decided to begin the process of buying a property abroad, most people start their search via the internet trawling through the many websites operated by lots of different estate agents. This gives prospective buyers a good idea of what's available for sale in their preferred area. The next stage is to make contact with one or more of these agents and to make arrangements to meet up and discuss your particular requirements.

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