REAL ESTATE LEGAL SERVICES
Many property issues only become apparent when you want to sell, renovate, finance or inherit a property.
Perhaps you want to sell a property and discover that the documentation is incomplete. Perhaps you realise during the purchase process that an extension was never properly registered. Or maybe you only find out years later that the Cadastre, the Land Registry and the actual situation do not fully match.
We assist international property owners on the Costa Tropical with legal and administrative property matters. From AFO procedures to georeferencing, from inheritances to missing square metres in the Land Registry.
On this page you will find an overview of the most common situations in which we assist our clients. As every case is different, we have written detailed blog articles on many of these topics, explaining the available options, important considerations and the procedures involved.
AFO Procedures and Legalisations
Many properties in Andalusia were built or extended during a period when planning regulations were applied differently than they are today. As a result, it is common for a property not to fully correspond with its official documentation.
Depending on the circumstances, an AFO can provide greater clarity regarding the legal status of a property and simplify future transactions. Every situation is different and requires an individual assessment.
Georeferencing
Property boundaries often appear straightforward, but in practice we regularly encounter discrepancies between the Cadastre, the Land Registry and the actual situation on site.
Georeferencing can help establish the exact location of a plot and often plays an important role in property sales, inheritances, registration amendments and other real estate procedures.
Cadastre and Land Registry
Many property owners assume that the Cadastre and the Land Registry automatically contain identical information. In reality, this is often not the case.
Missing square metres, differences in recorded surface areas, discrepancies between the physical property and the official records, or inconsistencies between the Cadastre and the Land Registry are common. These differences can create problems when selling, obtaining financing, handling inheritances or carrying out future legalisation procedures.
We help analyse these discrepancies and determine the most appropriate solution.
Declaración de Obra Nueva Antigua
Many properties on the Costa Tropical have been extended or modified over the years without these changes being correctly recorded in the Land Registry.
This may include swimming pools, garages, storage rooms, covered terraces, house extensions or other structures that physically exist but are missing from the official documentation.
A Declaración de Obra Nueva Antigua can, in many cases, be used to register the existing situation in the Land Registry.
This procedure frequently plays an important role in property sales, financing applications, inheritances and other real estate matters.
First Registration (Inmatriculación)
Not all properties and plots are registered in the Land Registry.
In practice, we regularly encounter properties that physically exist but have never been officially registered.
Without proper registration, difficulties may arise when selling, obtaining financing, making gifts or transferring property through inheritance. An inmatriculación allows a property or plot to be registered in the Land Registry for the first time.
We assist property owners in assessing the available options and gathering the documentation required to complete the registration process.
Inheritances
An inheritance in Spain involves much more than signing a deed.
Inheritance tax, acceptance of the estate, registration of ownership and the possible sale of inherited property are often all part of the process.
We guide heirs through the legal and administrative procedures and help determine the necessary next steps.
Regularisations
Sometimes it only becomes apparent years later that certain information is missing or has not been correctly recorded in a property's documentation.
This may involve incorrect surface areas, property descriptions, registrations or other administrative inconsistencies that only become visible when a property is sold, financed or inherited.
We help property owners identify these issues and, where possible, regularise the situation.
Aftersales services for buyers and sellers
A property transaction does not end at the notary's office. After completion, various administrative and tax obligations often still need to be dealt with. Many international buyers and sellers choose to let us handle these matters.
For buyers, we can assist with the declaration and payment of Transfer Tax (ITP), fulfilment of tax obligations such as Modelo 211 where applicable, and the transfer of water, electricity and other utility contracts.
For sellers, we can assist with the settlement of the Municipal Capital Gains Tax (Plusvalía Municipal) and other administrative obligations arising from the sale of a property.
Aftersales services are available from €500 excluding VAT for buyers and from €150 excluding VAT for sellers.
Do you have a property-related issue?
Not every situation fits neatly into a single category.
Are you unsure whether your situation falls within one of the topics above? Feel free to contact us. We will gladly assess your situation, explain the available options and determine the steps needed to resolve it.
Would you like to learn more about one of the topics above first? Take a look at our blog, where we explain many of these property-related matters in greater detail.
