Problem registering old Spanish house
Jun 19th 2011, 2:52 pm
#16
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Thread Starter
Joined: Jun 2011
Posts: 6
Re: Problem registering old Spanish house
At the moment the problem has had to take a step sideways; before the cottage can be registered, the Catastro has to be corrected. This is expected to take four months, and another 300€ bill.
Jun 19th 2011, 5:24 pm
#17
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Joined: May 2009
Posts: 882
Re: Problem registering old Spanish house
Thanks for your good wishes. I find it interesting that no other foreigners have been through this process - it would appear that roughly a third of the houses in my friend's village have never been registered. That's if we have been told the truth by various locals over the past few days, of course.
At the moment the problem has had to take a step sideways; before the cottage can be registered, the Catastro has to be corrected. This is expected to take four months, and another 300€ bill.
At the moment the problem has had to take a step sideways; before the cottage can be registered, the Catastro has to be corrected. This is expected to take four months, and another 300€ bill.
If anyone ever understood they would be running the country
I hate to be a doom munger but I wondered when the Catastro would rear it's head, of course it will all be fine
Jun 27th 2011, 1:58 pm
#18
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Joined: Jun 2011
Location: Málaga
Posts: 4
Re: Problem registering old Spanish house
I am hoping to find some advice for a friend who hasn't got the internet. He owns an old Spanish cottage in Malaga province, bought years ago - in the days when all it took was a handshake and a simple typed document signed by vendor, buyer and witness (compra venta).
The cottage has never been added to the Spanish Land Registry, so about 18 months ago my friend approached a Gestoria to get it sorted out legally according to current laws. He realises he may be fined for not registering the cottage earlier.
This company has taken several thousand euros off him for unspecified "fees", and yesterday called him and the vendor into their office to sign the paperwork they have prepared.
This turns out to be a brand new sale document (dated yesterday). The sale price is pure fiction, and they'd even got the details of the house wrong (they've put the number of a neighbouring house).
My friend desperately needs some independent advice before he gets sucked into what looks like a very dodgy deal that is more likely to turn him into a fraudster than achieve the result he's looking for. He realises he may be fined for not registering the cottage earlier.
His inclination is to run a mile - but that won't get his house registered legally.. And there is the money he has paid to this company which he certainly can't afford to lose.
My friend has a little time before any confrontation because the "Gestor" has to change the details of the house on the documents.
Can any kind people here offer any help, please; has anyone been through this situation? Or recommend a lawyer in Malaga province who understands the procedure? All advice very gratefully received.
Thanks for reading.
The cottage has never been added to the Spanish Land Registry, so about 18 months ago my friend approached a Gestoria to get it sorted out legally according to current laws. He realises he may be fined for not registering the cottage earlier.
This company has taken several thousand euros off him for unspecified "fees", and yesterday called him and the vendor into their office to sign the paperwork they have prepared.
This turns out to be a brand new sale document (dated yesterday). The sale price is pure fiction, and they'd even got the details of the house wrong (they've put the number of a neighbouring house).
My friend desperately needs some independent advice before he gets sucked into what looks like a very dodgy deal that is more likely to turn him into a fraudster than achieve the result he's looking for. He realises he may be fined for not registering the cottage earlier.
His inclination is to run a mile - but that won't get his house registered legally.. And there is the money he has paid to this company which he certainly can't afford to lose.
My friend has a little time before any confrontation because the "Gestor" has to change the details of the house on the documents.
Can any kind people here offer any help, please; has anyone been through this situation? Or recommend a lawyer in Malaga province who understands the procedure? All advice very gratefully received.
Thanks for reading.
In principle, the main problem we see is the lack of title deeds (escritura de compraventa) and also the lack of registration at the land registry. There is a process regulated at Ley Hipotecaria which allows the registration of the house, but in order to do so, it is necessary to have 2 title deeds. These title deeds can be created in many ways without using a dodgy way, although it is necessary to study the particular case to see which is the most suitable option. For example (and it doesn't mean that this is the most suitable way for this particular case), if the vendor inherited the house but he didn't sign the inheritance acceptance deeds, he may have to do it now and after that to sign the purchase-sale title deeds. Then both title deeds will be registered, although the registration can be disputed by a third party with a valid, preference a proven right over the house for 2 years. After this 2 years, the registration will be valid against any third party.
<Snip>
Best regards
Javier Moya
Last edited by Sue; Jun 27th 2011 at 2:21 pm. Reason: Please take a quick gander of rule 9 of the site rules. Thanks
Jun 27th 2011, 6:35 pm
#19
Lost in BE Cyberspace
Joined: Jun 2005
Location: Puente Esuri
Posts: 6,903
Re: Problem registering old Spanish house
I have been following this thread with interest and wonder if you can explain who and where the "second" Registor is held. I have three Escrituras to cover my house:
1. The first was made when we purchased the plot.
2. The second was made when we got the building licence and commenced on site (that may be to do with the first release of money from a stage payment construction mortgage.
3. Registoring the finished construction on the plot and ensuring that it had the Licence to Occupy and that the built area complied with the planning permission and the building regulations.
All of these three have been Notarised and the notary has sent the details to the Land Registry. I have a Nota Simple for the plot. I have checked online and at last after 18mths my house has appeared on the SigPac view of the land register but not the google earth or maps. I have not requested a new Nota since the online version does not yet show the sq m of construction.
I pay my council tax which I think is based on the Cadastral? Register or should it be Catastral Register and I have no idea who where this is kept. Any info please?
1. The first was made when we purchased the plot.
2. The second was made when we got the building licence and commenced on site (that may be to do with the first release of money from a stage payment construction mortgage.
3. Registoring the finished construction on the plot and ensuring that it had the Licence to Occupy and that the built area complied with the planning permission and the building regulations.
All of these three have been Notarised and the notary has sent the details to the Land Registry. I have a Nota Simple for the plot. I have checked online and at last after 18mths my house has appeared on the SigPac view of the land register but not the google earth or maps. I have not requested a new Nota since the online version does not yet show the sq m of construction.
I pay my council tax which I think is based on the Cadastral? Register or should it be Catastral Register and I have no idea who where this is kept. Any info please?
Last edited by EsuriJohn; Jun 27th 2011 at 6:38 pm.
