PROPOSED PROPERTY PURCHASE IN ARBOLEAS - HOW DO I SECURE A FULLY LEGAL VILLA?

[GRACAR]

First of all, thanks everyone for your input; it's very much appreciated.

In just over a week, after the Acte de Vente (France), I'll be coming to the Arboleas area specifically to look for a property to purchase.  Could anyone advise what documentation I will need to take with me to open a Bank Account; to obtain an NIE; anything else?  I would prefer a bank with some English-speaking staff in the local area (face to face service).  It's heartening to learn there are British contacts, in positions of rank, in the Arboleas Ayuntamiento, which makes any dealings at that level, a little less daunting and Roger Done has been particularly accommodating, for which I'm truly grateful.  The selling of my property in France and the actual removal is stressful enough, so it would be nice to feel the buying experience in Spain might be less so - fingers crossed.  I'm anxious to prepare as much as possible, to minimise any hurdles, dot the i's, cross the t's, and adhere to Spanish law (I hope that doesn't sound too naive; I know there are stumbling blocks - I just don't know where they are). 

Is it acceptable to contact the Junta, in reference to the legality of a property - via the solicitor, I presume?

Anyway, that's it for now, but I'm looking forward to making my new home in the region and making some new friends.  Thanks again.       

[Roger]

The ONLY authority which can say whether land is urban, and therefore whether the property is legal, is the Junta de Andalucia. They are the regional government with responsibility for urban planning.

Sometimes a Town Hall, an estate agent or a lawyer will tell you the house is legal.
Sometimes they will be correct.
Sometimes not.
Many people have bought illegal properties, and in almost every case they were assured that the property was legal.
It is not that the Junta can overrule the Town Hall. It is that the Town Hall has no power to determine whether a property is legal, only the Junta.

Some people think that property can be legal one day, and then illegal the next.
NOT TRUE.
Legal is legal, for ever. What happens is that people are told the property is legal when IN FACT the land has never been registered as Urban with an approved urban plan, registered in the Official Boletin.

There are other problems when buying a property.
Are there unpaid Council Taxes on the property?
Is there an embargo on the property, or a mortgage on the property?
Are all the documents complete?
And after purchase, you have a legal obligation to register your ownership with the Property Registry, and pay Government taxes, and also to register your ownership for Council Tax (IBI).

Of course a lawyer would be expected to check on all these issues!!
Sometimes they do. Sometimes they do not.

In Arboleas Town Hall we are regularly dealing with problems people discover after the purchase.
Typically:-
Unpaid Council Tax debt on the property; unexpected extra government registration tax; missing occupation and utilization licences, particularly for swimming pools.

My only advice is that if you are purchasing in Arboleas, come to see me in the Town Hall before you pay any money on a property.
We will advise you about the process and we will check the property on the registered urban plan. And we will check and translate all the documents.
Of course we do not charge for this.
We cannot do this for non Arboleas property.

Roger Done. Deputy Mayor, Ayuntamiento de Arboleas

[PhillipJLloyd]

This has been discussed before, never trust a agent who says a property is 100% legal.
They are there to sell, quickly and to make money.  An estate agent will not spend money to do searches on properties.

[robber]

Sent you a PM

[Tetley]

The first thing to do.....is to satisfy yourself that the UK  will remain in the EU  after the reffo vote.

if your not 101 % sure they will,you need to be looking at Your eligability to gain Spanish citizen ship/ long term Visa,s

INCASE  its an OUT  vote, AND the Brits loose there EU  free movment.

tiphat

personally i would just rent wile the EU  sorts its self over the next 4 years

[col80]

If you have been bitten once . why would you want to do it again ..
if you don't think its right or unsure . just rent .

[The Reiver]

Before you do anything, visit Arboleas Town Hall and speak to Roger Donne, the Deputy Mayor.

[GRACAR]

I'm new to the forum and, in fact, this is my first posting.  First of all, can I just say hello and wish you all a Happy New Year.  Sorry to start with a downer, but I'm hoping to visit the Arboleas region soon, in the hope of making a house purchase.  The thing is, I've come across quite a lot of very worrying reading - demolitions, corruption, etc.  The Selling Agents assure me that they (Coles) only deal with legal properties, but I've since discovered that planning issues can be absolutely fine with the local council, but overridden by the Junta at a later date.  I've also discovered that a property can be the subject of a demolition order today, yet be sold on to an unwitting buyer.  THAT, is worrying!  Whilst I think the advice given is very welcome, I'm currently thinking that if the local authority's decision can be overridden by the Junta, then surely the LA can be considered to be about as much use as a chocolate fireguard.  If I seem a little overly anxious right now, I should explain that I have had legal issue problems with Spanish property before - back in the 1990s.  Without going into detail, I ended up retaining the property, but it cost me a fortune, and a lot of stress, to do so.  How on earth does Spain (a member of the EU) manage to get away with such gross misconduct?  Is there an infallible method to ensure I purchase an all-round, legal property, without fear of repercussions at a later date?  I guess I'm looking for reassurance from someone, if there's any out there.