This is a small presentation of our conveyance service on properties placed in Costa Blanca North, like Benidorm, Altea, Denia, Calpe, Moraira, Benissa, Pedreguer, Xalo, etc. considering the main legal aspects for conveyance, made by our lawyers.
If you are interested to buy or to sell a property placed in Costa Blanca North like Benidorm, Altea, Denia, Calpe, Javea, Moraira, Benissa, Pedreguer, Xalo, etc. , TLACORP will help you to take a final purchase or sale decision.
The area of Costa Blanca North is covered by our offices in Jávea, connected by Highway. Visit our offices in Jávea will not take too long from Benidorm, or Altea, or Xalo Valley, and, if arranged, one of our lawyers can visit the same property and meeting you there, avoiding you to move to our office.
This area covers a wide range of properties, which passes from rustic, to apartments, bungalows, urbanizations, Golf Courses, etc. These constructions and properties are used as second residences, or holiday homes, and permanent residency properties. Let us detail the main legal aspects of each of these properties.
A) Traditional appartments and bungalows:
In the past, and traditionally, these residence areas were initially owned by Spanish, mainly coming from Madrid, Basque country, Catalonia, and foreigners coming from center-North Europe. Overall in areas like Calpe, Denia and Benidorm. This type of properties used to be bungalows, apartments and buildings near the Village center and the beach, and built usually before the “Spanish boom” (before 2000).
In a conveyance, with a serious decision to buy in place, apart of the necessary legal searches to be done in these kind of properties by your lawyer, we recommend you draw your attention to check thesearticular points important points:
– Legal and administrative study from the history of the construction. To know how the property was built, and how it was developed. It is essential getting information about how the property has been developed from its initial construction. For example, if the property was extended with a new room, or floor, or if the terrace was covered, or if the porch is now a kitchen, or if the underneath is now a room, etc. This will help to know if the previous owners have made all those works with he proper licenses, or, in instance, if there is any fine or penalty pending on these properties caused for a default of the proper permit.
Also, is important to know if there is any modification or works done which may affect the initial structure of the building. This will help to detect if the property deeds are properly updated with the current situation/description of the building.
In addition to this, check if the property has a penalty for construction. This is also important because, if this is the case, apart of the payment of a fine, there may be other consequences derived as, for example, the fact that the Town Hall may refuse to renew the Certificate of Habitation, with the consequent problems to new owners to renew utility contracts.
– Water and electric contracts: As the majority of these properties are quite old, supplying companies may ask the buyers to update the installation (rewiring) in order to obtain the change of the contracts after completion. This may cause expenses like electrician, or plumber fees, to inspect the property, and others derived from re-wiring, which, if known before completion, could form part of the commercial agreement of price with the vendor.
– Plusvalia: If the property is old, and is owned by the same owners for a long time, then this tax will be high. This municipality tax must be paid by the vendors, but, knowing this from the beginning will help to take the necessary guaranties to be paid on completion.
– Community of owners: It will be very important to know, not only if the vendor is up-to-date in the payments of the community, but to know if there there is a project to reform structural parts of the building, of from the community areas, out of the normal conversation works (terraces, façades, parkings, etc). These works are not always mentioned in the informations and certificates obtained from the community of owners.
There are urbanisation areas, new urbanizations, created with the Spanish boom, sometimes very big urbazanizations, and enormous urbanizations projects with a Golf Courses, Hotels, etc. Important legal aspects to consider at time to buy these kind of properties are the following:
– The property must be perfectly inscribed in the land registry, as “completed house”. It means that the property has been registered, and the builder supplied the Final Works License, the Ten Years Insurance (Insurance which covers during 10 years the structural defects of the building), and the Certificate of Habitation.
– Community areas: The community areas like Golf Courses, commercial areas, pool, gardens, etc, must be completed, or in process to be.
Also, is very important to “read” the community rules to see, for example, if your neighbor can run a business which can disturb you, or if dogs are allowed, etc.
– Community charges: These kind of properties can have high expenses of maintenance. It is very important to know them in the initial steps of conveyance. Also, if buildings are old, is very important to check that there are not any project for structural reforms affecting the building, out of the normal maintenance ones.
– Limitations and rights of use: These areas use to have big infrastructure of electric, water, sewage, rubbish collection, which can be complete, or not. Buying a property in an urbanisation where urbanisation costs are not completed may affect seriously your property. Also, this fact may block or conditioning an important fact which is to get the certificate of habitation duly renovated on your name.
Arrived to this point, we have to differenciate properties in Urbanizations “Consolidated” and “Not Consolidated”:
– Urbanisations “Consolidated”.
These are urbanisations where ALL the urbanisation works are finished, and completed with pedestrian areas, sewage (or certified septic tanks), public lights, proper extension of roads and access, and asphalt.
– Urbanisations “Not Consolidated”.
These are urbanisations built more than 30 years ago, in surronding areas from Javea, Denia, Benitatxell, Pego, Benidoleig, Moraira, Benissa, Gata de Gorgos, etc. The main point of these properties is that, even built quite long time ago, the developper did not conclude some of the urbanisation works, or, if done, they are not adapted to the modern laws of urbanisation. These areas are easy to identify due to the fact that it may be seen that there are some properties without pedestrian areas, and in instance, others with pedestrian areas in the front of the plot bordering with the road. Also, you may notice these types of urbanisations seeing narrowed roads and access.
Purely, these kind of urbanisations do not fulfill with the actual urbanisation requirements, because, as explained, some urbanisation works are not finished. Depending of the work not finished, it may happen that the road could have les width than the normal, so, it must be made bigger, and, at this point, bordering neighbors may be requested to give “some” of the bordering land to the Town Hall for the road, or to paying the expenses to “asphat” the difference. In some other cases pedestrian areas should be installed, so, again, bordering neighbors may be forced to give some of their land to do that, even paying the costs of the works.
In some areas, like Jávea, Denia, or Benissa, the Town Hall does not ask the owners to make these works. But, it is really common to “conditionning” a license of permission for construction in that plot, to “adapt” the plot to the new urbanisation regulations, whcih may pass from:
– Giving part of the bordering land to the access road, and paying the asphalt of the difference.
– Installing and paying pedestrian areas in the roads’ border.
– Connecting to sewage system or installing a “CE” certified septic tank, and others….
So, before buying in areas and urbanisations like Javea, Oliva, Benissa, Moraira, Pego, Calpe, Benitatxell, Murla, Benidoleig, Jalón, Denia, Vergel, Ondara, etc, is highly recommendable to ask for the services of an experienced lawyer in construction to check the urban situation of the property.
In fact, there are some Town Hall from the area like Javea, and Gata de Gorgos which have started already to develop plans to implement and improve the urbanisations in the area. So, please, get the proper advice when buying in these areas.
C) Rustic land properties:
In these areas rustic land properties are also common. Special considerations must be made in areas from Pedreguer, Xalo, Benissa, Moraira, Benitatxel, Benigembla, Parcent, La Nucia, Javea, Beniarbeig, Ondara, Murla, Tarbena, Polop, Teulada, etc., where buildings may not have the proper building licenses where built, or, problems with the certificate of habitation.
Considerations of conveyance in rustic properties are not different from the rest of areas. Please, consult our construction on rustic section, or see our common problems area to see the typical problems for rustic areas.
For more information regarding conveyance, visit our Conveyance section.
TLACORP is at your entire disposal from our Jávea offices, with special fees, for properties placed in this area. Just contact us for quotation.
BUYING IN COSTA BLANCA NORTH? – CONTACT ONE OF OUR LAWYERS