Understanding the Andalucia Decree 218: A Buyer’s Guide
Navigating the world of real estate can be complex, especially when dealing with regulations like the Andalucia Decree 218. Introduced over ten years ago by the Andalucia Regional Government, this decree aims to safeguard property buyers in Andalucia, a region in Spain.
Decree 218 is a regional law, unique to Andalucia, and does not extend to the rest of Spain. Spain’s structure as a Federal country allows for Autonomous Regions to establish local laws applicable solely to their territory. If you’re considering investing in other Autonomous Regions of Spain, it’s advisable to consult with a local specialist to understand any equivalent laws (if they exist).
Origins of Decree 218
In the 1990s, many buyers unwittingly purchased illegal properties, resulting in significant financial and legal complications due to lack of proper building permissions. To combat this issue and protect buyers from ending up with illegal properties, Decree 218 was introduced in 2005.
What does Decree 218 entail?
The decree mandates a full disclosure from sellers, including documentation proving the legality of the property and its adherence to all building regulations. The seller must provide this information to any real estate agent they engage for the sale. Key documents include the First Occupancy Licence, Nota Simple, Energy Certificate, IBI and Basura Costs & Payment receipts, and Community Fees details.
Responsibility and Compliance
Interestingly, Decree 218 places the responsibility of obtaining, holding, and providing this information on the Real Estate companies listing the property for sale. Non-compliance can result in hefty fines, up to 30,000€ per property! Thus, it’s crucial for agents to gather complete information from the owner before listing the property for sale.
Right to Information
Potential buyers can request this information from the selling agent at any stage of the viewing or buying process. However, it’s important to note that Decree 218 does not apply to private purchases. If you’re buying a property directly from the owner, you won’t have recourse under this regulation.
Decree 218: A Buyer’s Safety Net
In conclusion, Andalucia’s Decree 218 was designed to protect buyers from the pitfalls and financial risks associated with purchasing illegal properties. As a buyer, ensure you’re dealing with an agency that complies with the Decree 218 regulations before even viewing a property. Never make an offer until you’ve thoroughly examined the Decree 218 documentation. For non-Spanish speakers, seek the help of a lawyer or a Property Finder for translation or a comprehensive summary.
If you’re considering a property advertised directly by the owner, request the same set of documents. Be aware that when buying directly, you have no legal rights to see these documents until you make an offer, and legal recourse for falsified or incomplete documents can be both costly and time-consuming. For further assistance, don’t hesitate to get in touch with us before making your property purchase.
