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How not to buy a house in Spain: The top five pitfalls to avoid

Buying a home in Spain comes with its challenges, not least the possibility of being scammed, getting charged hidden fees or missing key points in the smallprint. The Local spoke to someone who experienced these problems first-hand to help others avoid them.

Published: 18 February 2020 09:45 CET
Updated: 15 April 2024 07:50 CEST
Remember that buying a house in Spain is not the same system as buying a house in your own country of origin. Here's how to avoid possible scams. Photo: Elisa Ventur/Unsplash
Don't rush into buying a property in Spain before first doing your homework. Photo: Jose Francisco Fernandez Saura/Pexels

There are many examples of people’s dreams turning into nightmares after falling into the trap of unscrupulous property developers, real estate agents and lawyers.

They may speak English and seem friendly, they may even tell you that “this is how things are in Spain”, but that doesn’t mean you shouldn’t do your own checks.

The Local spoke to Ralph de Jong, a Dutchman who in 2020 set up an independent property assessment service after falling victim to a scam himself when he bought a home in Mallorca.

Here are his five steps to avoid ruining your dream (and losing your life savings in the process).

1. Check the property is legal

Many buyers have a wish list when they search for their perfect home, but before you start negotiations, you yourself can check whether property is legal.

Visit the town hall and ask for all documents about to the house. Compare the drawings from Catastro (land registry) and registro de propiedad (property registry) with the actual position of the house itself and not just the plans you have been given.


If the house is illegal they could send the bulldozers in. Photo: Depositphotos.

2. Does it have a valid residence permit?

One of the most important documents to ask for is the residence permit, either the Cédula de habitabilidad or Licencia de primera ocupación, and check if it is valid. Depending on the municipality, this has a validity period.

But beware, every permit is immediately invalid if the property has been illegally renovated or extended.

Consider, for example, a casita, an extension or a swimming pool – even though a real estate agent or lawyer may claim that these illegal works are not known to the municipality, or have been built so long ago that it no longer matters they could still invalidate your permit.

In almost every municipality if a property is Fuera de Ordenación (without the proper planning permission)- which covers all manner of illegality – it will have the following consequences:

  • Permits for a (holiday) rental or B&B are no longer valid
  • No permits for renovation or rebuild
  • The property is uninsured in the event of major damage even if premiums have been paid
  • In the event of damage, there’s a chance of lengthy procedures with the municipality in connection with a permit for repair or rebuilding
  • If your house is declared AFO (Asimilado Fuera de ordenación – without proper planning permission) in the case of non-compliance with the law (renovation without a permit), you could face a lengthy legal battle.
  • No possibilities for new connections to gas and electricity
  • Risk of an infracción urbanistica (open file at the town hall)
  • Fines

3. Do not incur lawyers’ fees or sign anything before you know that everything is in order

A lawyer is often called in after the negotiations. There are of course costs involved, and these costs usually have to be paid in advance.

If the property is not in order you lose your money. Some real estate agencies also ask for a deposit, so that the house won’t be sold during the process. You will not be the first to have difficulties getting your deposit back if you decide not to move on with the purchase. You should put the deposit on the notary’s account to avoid this pitfall.

Another important thing you should know is that there is jurisprudence that says that if a purchaser used a lawyer in the buying process the purchaser loses his rights on possible claims when problems occur afterwards.

And finally don’t make the same mistake as many purchasers do by choosing a lawyer because of the language instead of by knowledge, professionalism and ethics. Always choose an independent lawyer and not the one recommend by the estate agent, and preferably one that signs an integrity code.


Don’t sign before you are sureof what you are getting. Photo: Depositphotos.

4. Have the house inspected thoroughly

You can try to investigate yourself, but the risks are high so get yourself some independent professional advice.

Any real estate agent or lawyer who says you don’t need to do a full inspection might have something to hide.

5. Do not pay before the property is registered in your name on Registro de la propiedad

In Spain a property is paid for at the notary when you sign the completion.

But what some people don’t realise is that there is a few months between payment and registration of your name on the register. There may be problems with property boundaries, easements, previous owners etc.

But as you have already paid and signed, all problems that might occur will be for you to solve. Do not underestimate the consequences if you were not guided correctly.

Ralph de Jong is part of a team that has developed the IGP-inspection to provide independent assessment of properties ahead of purchasing.

For more information about how to prevent making errors when you buy visit the website: https://www.casapropia.es/

Member comments

  1. Thanks for the excellent article. I’d like to know how one can avoid paying until one’s name is on the Registro de Propiedad if payment is required on completion at the notary. Does anyone have experience of this?

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PROPERTY

BBQs, nudity and plants: What are the balcony rules in Spain?

Though many people hang laundry, plants, and flags from their balcony, in Spain the rules on what you can and can't do on 'el balcón' are not well-known.

Published: 8 May 2024 17:13 CEST
Updated: 11 May 2024 08:31 CEST
BBQs, nudity and plants: What are the balcony rules in Spain?

Imagine the scene: you’ve just bought or signed the lease on your dream apartment. It’s bright and airy, with plenty of space, and even has a nice-sized balcony to get some fresh air on. You can do whatever you want there, right? 

Not exactly. In Spain the rules on what you can and can’t do on a balcony (even if it’s private) depend on a few factors, namely the regional and local rules, as well as getting the approval of the building’s homeowner’s association – known in Spain as la comunidad.

Some of them might just surprise you.

READ ALSO: ‘La comunidad’: What property owners in Spain need to know about homeowners’ associations

There are four main things or activities on balconies that could potentially put you on the wrong side of the local rules and even get you fined: barbecues, plants, laundry, and flags.

In all cases (even if you don’t think you’re breaking any rules) you’ll generally need to consider two things: firstly, does this affect or change the building’s façade? And secondly: will la comunidad allow it?

Barbecues

In Spain there is no national law prohibiting barbecues on private property, so in principle it is legal as long as the barbecue is lit in a private space such as your own balcony, garden or terrace, and not a shared space.

Often in Spain, the roof (usually referred to as la terrazza) is a shared space people use for storage and hanging their laundry, so be sure to check with the comunidad.

In terms of your own balcony, however, although there’s no law saying outright you can’t have a barbecue, you’ll need to take into account the rules and regulations in force in each locality or region. There may also be specific rules within the building that long-term homeowners have developed over the years.

As we will see, many of these low-level regulations are delegated to local governments and town halls in Spain, so the answer to these sorts of questions is usually: it depends where you are.

However, according to Article 7 of Spain’s Horizontal Property Law, “the owner and the occupant of the flat or premises are not allowed to carry out in it or in the rest of the property activities prohibited in bylaws, which are harmful to the property or which contravene the general provisions on annoying, unhealthy, harmful, dangerous or illegal activities.”

This basically gives your neighbours the right to complain about noise, smells, smoke and any possible fire risk in or around their building, which barbecues could plausibly fall under.

As with co-living anywhere in the world, regardless of the regional or local rules, employ some common sense: be reasonable, listen to neighbour’s concerns and take up any disputes with the President of la comunidad.

READ ALSO: What you need to know before having a barbecue in Spain

Plants

Again, with plants the responsibility falls on each local authority to set the rules. In Spain, most regions and town halls state that, as long as the architectural or structural elements of the building are not changed or weakened in any way, putting plants on your balcony is permitted.

However, note that many terraces and balconies do have maximum weight regulations that must be respected in order to guarantee their safety, which is 200kg per square metre. If this figure is exceeded (and it can be proved) you could theoretically be fined.

Laundry

Laundry lines criss-crossing the streets might be one of the more picturesque images of Spanish life, but the people doing it might actually be breaking the rules.

How do you know? You guessed it, it depends where you. You’ll need to check with your local authority on this one, though municipal regulations in Barcelona, Madrid and Valencia all regulate hanging laundry from your balcony, which is again outlined in the Horizontal Property Law.

This principally seems to be because it affects the façade of the building (a common theme when it comes to balcony rules in Spain).

In places with rules about hanging laundry from balconies, you could be fined up to 750 euros if you don’t comply with the rules.

However, according to Foto Casa, even if you live in an area where there are no bans or penalties against hanging laundry on the balcony, you’ll still likely need the permission of la comunidad.

READ MORE: Spain’s weirdest laws that foreigners should know about

What about flags?

Whether it be the Spanish flag, the Catalan, Valencian or Andalusian flags, or LGBT, trade union or football team flags, flags proudly hanging from balconies is another mainstay of Spanish life.

It’s also one of the more controversial ones too, especially within comunidad meetings. Hanging flags on the balcony, as well as allegedly altering the aesthetics and security of the building (the same concern as with laundry) often has ideological connotations that can cause conflict.

Again, as with laundry, hanging flags on the balcony will require the approval of all the owners within the community, something that must be agreed at a meeting, as per the Horizontal Property Law.

However, if the flag is placed inside the property, as it is a private property, fellow homeowners cannot oppose it, even if it is visible from the street, according to Foto Casa.

Nudity 

Article of 185 of Spain’s Penal Code only considers being naked at home to be obscene exhibitionism and sexual provocation if it affects minors, in which case it is punishable with a fine or up to a year in prison.

Therefore, you could technically sunbathe shirtless or naked on your balcony in most cases without getting into trouble, although it won’t necessarily go down well with your neighbours and/or flatmates and you be reprimanded for it.

READ ALSO: Can you go shirtless or wear a bikini in the street in Spain?

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