REAL ESTATE ACTIVITIES

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Documents that must be available before buying a home

When buying a home, it is important to know the documents that have to be in order, to avoid unpleasant surprises. As a starting point, you should know that these documents vary depending on whether the floor is new, second-hand or if it is under construction.

- Apartment of new construction:

A new floor for sale must have several legal documents in order before signing the contract. The end-of-building certificate, issued by the technician or developer, declares conformity with the execution of the construction work. For its part, the certificate of habitability and the certificate of energy efficiency, issued by an architect or surveyor and ensures that housing has passed the mandatory quality controls. Having this document is a necessary condition for, for example, discharging light, water and gas services.

Other documents are the license of first occupation and the obligatory guarantee. In the case of new buildings, it is mandatory that they include a ten-year insurance that responds to possible defects and defects in the structure. Finally, it is advisable to request the works permit to see that the apartment meets the conditions set out in it.

- Second hand floor:

If the option is to buy a used or refurbished apartment, it is advisable to have the title of the property and the certificate of dominion and loads, as well as the flat of the house at 1/50 scale. In the case of second-hand housing, the certificate of habitability and the certificate of energy efficiency, is important because it confirms that the property meets the minimum requirements to be able to be inhabited. In addition, it should be remembered that this document expires 15 years after its issuance, so it must be verified that it is current and in force.

Also, the seller is obliged to supply other documents if requested. This is the case of bulletins in the network of services, housing guarantees, registration data of the floor or deed of sale, and the receipt confirming the payment of the last IBI. In this last document must appear the cadastral value of the property.

If there are doubts, such as in the case of real estate located in non-urban areas or near the coast, it is important to request the urban qualification to verify its legality. Another document is the building book, which includes the identification and construction data of the building, the maintenance tasks to which it has been subjected and, if they have occurred, the reforms carried out.

Floor plan:

In the case of buying a property on plane, it is essential to verify that the amounts delivered to the seller are backed by an endorsement or insurance policy. Thus, if the agreed conditions are breached or the work is not completed, the seller will recover his money.

However, before delivering any amount of money, it is important to verify that the building has a municipal works permit, that the contract provides for the completion period of works and the date of delivery of keys (including a penalty in case of delay), And the total price of housing (plus taxes).

As for the payment methods, you have to request a document that includes the existence or not of mortgages, the subrogation and the cancellation of these. Finally, attached to the purchase contract must include the floor plan, the sketch of light, water and gas installations, the list of professionals that are expected to intervene in the work, and the quality report. If the seller breaches the contract, the buyer is entitled to claim and even request the termination of the contract, with the return of the quantities already paid.

24 Jul 2017

What are the costs of buying a home? I

When making a decision to buy a home, it is important to bear in mind that not only do you have to pay the price of the property, but also have to pay a series of compulsory expenses, whether with or without mortgage, there are costs " Additional "that must be taken into account so that there are no surprises.

If the purchase is to be made through a mortgage loan, a series of independent expenses are generated:

  • The appraisal of housing: an independent expert will do an appraisal of the property for the financial institution. Normally the certification will not be valid to apply for the loan in another entity.
  • Check in the Property Registry: it is for the bank to have the assurance that the house is free of charges before granting the mortgage.

Based on this assessment (300-400.- €) will know the possible buyer if you can make the purchase or not since normally the banks give 80% of the lowest price between the purchase and said valuation, so it is very important Be clear the amounts to be paid.

The costs borne by the buyer are:

  1. The purchase price of the home.
  2. The expenses of writing mortgage credit, if any.
  3. VAT, 10% of the cost of housing if it is a new work or the tax on property transfers if it is a second hand home (Catalonia is 10%).
  4. The minutes of the notary to whom the public deed of sale is granted, unless it is agreed to pay it half-way with the seller.
  5. The expenses of the registration in the Property Registry and the expenses of said management, if done by a third party, unless it is agreed to pay it half with the seller.
  6. If a mortgage loan is requested, the loan opening expenses.
  7. Property fees if the purchase is made through this.
  8. The expenses of discharge and / or change of the holder of the services of water, electricity, gas, etc.
  9. The insurance, as a minimum, of the risks arising from fortuitous causes, force majeure and damages to third parties.

Description of expenses:

  • Notary: the notary's fees when writing the sale and if there is a mortgage, deed of mortgage loan, subrogation in a pre-existing mortgage, etc .... These fees are regulated by the administration and depend on the price of the property.-Taxes imposed on the sale: there are two different taxes depending on whether the house is new or second hand.
  • Taxes levied on the sale: there are two different taxes depending on whether the house is new or second-hand.
  • New housing (first transmission): the tax levied on this property is VAT (value added tax), the amount is calculated by applying a percentage over the book value. This percentage is 10% in free housing or official protection, and 4% in housing classified as special regime official protection.

In general, and whenever the sale of a home is subject to VAT, the AJD (Tax of Documented Legal Acts) must also be paid. The type to apply varies depending on the autonomous community of residence and the type of document. In Catalonia at the moment it is the 1.5% and in the protected houses is of 0.1%.

When a mortgage is constituted, the Tax of documented legal acts (AJD), which represents 1% of the guaranteed capital, must be settled.

  • Second-hand housing or subsequent transmissions: the tax levied on this type of property is the ITP (Regional Tax on Transfer of Assets) and varies depending on the autonomous community, ranges from 5% to 10% of the price. There are bonuses / reductions in VPO.

Remember that Hacienda can claim a higher payment to the buyer if it considers that the home is worth more than what has been paid for it. Each CCAA has a minimum price table and on them the minimum value of each property is calculated in 2017. For example in Barcelona is the cadastral value X 2,20 = Minimum value. In some CCAA there are bonuses for large families, disabled and / or young people in Catalonia is 5%.

When a mortgage is constituted, the Tax of documented legal acts (AJD), which represents 1% of the guaranteed capital, must be settled.

  • Minutes of property registration: the deed of sale of the property must be entered in the property register and if there is a mortgage, it is also entered as a charge on the property. These rates are officially regulated and are applied by calculating the taxable amount of the property and / or loan.
  • Expenses of management: these are the fees of the manager to carry out all the necessary procedures for the liquidation of taxes and the registration in the Property Registry. The rates of the managers are not fixed and, therefore, it is advisable to know if the agency that carries the documentation offers reasonable prices.
  • Expenses of discharge and / or change of the holder of water, electricity, gas, etc. services.
  • Insurance:
  1.  Insurance coverage is mandatory by law on housing in case of a mortgage loan. Covers only the continent (the structure). In case of total loss of the property, the insurer will settle the outstanding debt to the financial institution and the rest until the amount covered will be delivered to the insured.
  2. Multi-risk housing insurance: includes both the continent and the content (from appliances, jewelry and furniture to civil liability to third parties).
  3. Life insurance or loan repayment: covers the contingencies of death, absolute disability and permanent disability. Normally does not cover partial disability.

Usually the sum of these expenses is around 10 or 15% of the value of the house.

13 Jun 2017