Acquisition and rental of a property in Andalucía: Information to be provided to the purchaser

When you approach a real estate agent for the purchase of a home in Spain, the agent offering the sale or the rental must have an “Abbreviated Information Document” (Documento Informativo Abreviado), which must be freely delivered to any individual consumer seeking information about the Spanish property.

In Andalucía, in cases of second and subsequent transmissions of property, the offer, promotion and advertising for sale or for renting properties will contain among other details, the following information:

a) The address of the Spanish property in Andalucía;

b) General description of the property and the building where it is located;

c) Sale price of the house, as well as of its schedules and accessory services, indicating tributes and other expenses as well as the form of payment and validity periods;

d) Details of the owner, registered charges, built and useful area, all stated by a certificate issued by the Land Registry, no more than three months old;

e) Year of construction, when stated on the Deed of the vendor;

f) Community fees, when applicable;

g) Whether the property has electricity, drinking water, telephone and gas;

h) Certificate issued by the local tax authorities stating that the property is up to date on payments.

Also, in the case of renting dwellings, among other details, the following items are to be included:

a) The name or company name, address and registration data in the Register of the Landlord;

b) Useful area of property and its annexes;

c) General description of property and its annexes;

d) Inventory of the belongings and furniture of the house;

e) General description of the building or area in which it is located;

f) Monthly rent and period of validity; periodicity of the liquidation; the revision formula, if applicable; and the method of payment;

g) When applicable, monthly cost of the general expenses for the proper maintenance, services, taxes, charges and responsibilities that will be paid by the tenant;

h) To mention that, in accordance with the legislation in force, a deposit equivalent to one month’s rent will be paid;

i) When applicable, the total cost for the intermediary services;

j) To mention that all licences necessary for the use and occupation of the property are in place, including those for common areas and accessory services;

k) Indication of charges or encumbrances;

l) In cases of properties belonging to a Community, By-Laws of the Community of Owners and the identity and address of the administrator.

The above mentioned document is to be provided prior to or at the signing of the contract.

In order to be familiar with all the details of your home in Spain, do not forget to request your “Abbreviated Information Document,” also known as “Documento Informativo Abreviado.” At our Spanish law firm in Marbella, Málaga, Spain, Arcos & Lamers Asociados, we have a team of experts to advise you on the process of buying and selling a property in Spain and the payment of the corresponding Spanish taxes. Buy with all the proper guarantees, and ensure your peace of mind.

Contact one of the English speaking lawyers of our firm in Spain now!

María Teresa Arcos, lawyer in Marbella

Wim Lamers, Economist in Marbella