Perhaps you have decided to have the house of your dreams built in the sunny Spain. If you choose this option, then make sure that you seek the assistance of a Spanish Lawyer in advance.
1. Checking the Land where you want to Build your House
If you are buying land to have a house built in Spain, first you should find out whether the land is located in an area where building is allowed or not.
Land in Spain is classified as follows:
- Land for development (Suelo Urbano).
- Green zones (Zonas verdes) where no building can take place.
- Rural areas (Suelo Rústico) where no construction is permitted.
Other details also come into the picture. There are rules limiting building size in relation to plot size.
The classification of the land is also important for mortgage purposes. It is possible to mortgage plots of land where building is allowed (Suelo Urbano) but if you want to mortgage land where building is not allowed (Suelo Rústico) the maximum mortgage amount you can raise will be 50 % of the value, and the maximum term will be 12 years.
If your land is in a rural area, you should check at the Town Council (Ayuntamiento) where the property is registered, whether there exist encumbrances over it or not. It is possible, for instance that a path crosses your land and you cant’ build your house as the path would be cut.
2. Other Steps to Follow
Check at the Property registry whether the land you want to buy is free of charges or not.
Next step should be the inspection of the Town Plan and the partial plan (if you are buying a plot located within an urbanization), in order to know the developments planned for the area where your land is located (roads, water supply;), and if the urbanization is registered and legal.
Once you have determined that you can buy the land and build your dream house over there, you shall sign the sales contract before a notary.
You can design your house by yourself or get several models of houses. You will need the services of an architect , his drawings are needed to get your building permit, this licence allows you to start the building of your house.
Also you need to find a reliable builder whom you will sign a contract with. Your Spanish Lawyer must check this contract. Its provisions shall estate the payment terms, completion date with penalty clause for late completion;
A clerk of works (aparejador) will supervise the building and ensure that it comply with the construction standards. He will issue the architect’s certificates to obtain the certificate of completion of the building and the certificate of occupancy .
Next step will be the registration of the house at the Spanish Property Registry, as your deed contains only the plot registration. You should make a declaration of new work (declaración de obra nueva) in order that your house appears in the deed. The building permit, the certificate of building completion and the certificate of occupancy will be also required.
If you are non resident, you must present a bank certificate to show that you have imported the money from abroad, in order to avoid that non- residents use black money earned in Spain to build their homes.
3. Getting legal help
We offer solid legal advice regarding any issue related to your housing or construction project in Spain: