Contracts and property law
Over the course of our lives, we carry out important actions, such as buying a home, declaring a new-build, lifetime gifting to our children or ending partnerships, among many others.
At JLA Notarios we are experts in property and contract law and buying and selling property. We guide our clients, analysing each particular issue and always considering the tax burden of each transaction.
In addition, some of our notarial services can be performed online, so we can assist you from anywhere in Spain. Contact us to declare a new-build or a commonhold ownership structure online.
Purchase and sale agreement
An agreement whereby the parties agree to transfer personal property, real estate or rights, acquiring one of these in return for the payment of a price.
- Proof of identity of the parties (National ID, Passport, residence permit or foreigner identification number (NIE)).
- Title deed of the seller, for instance, the previous deed of sale or the inheritance deed. If no such documents are available, a simple note from the Land Registry.
- The price and manner in which the payment will be made.
- A property tax certificate (IBI) accrediting the non-existence of debts with the local council or otherwise their existence and the amount. In the absence of this certificate, the last property tax payment receipt accrediting the status thereof.
- If a community of owners exists, a certificate issued by the community stating that the owner is up to date with all payments or whether there are debts.
- Certificate of fitness for occupation, in the case of the purchase of a home. If no such certificate is available, an application for the same by the corresponding architect.
- An energy efficiency certificate.
- In some specific cases, the technical building inspection certificate (ITE).
For more information about the documentation and taxes applicable to purchase and sale agreements, visit our blog.
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Donations
Through a donation, a person can transfer assets and rights to another person who accepts and receives them at no cost whatsoever.
- Proof of identity of the parties (ID card, passport, residence permit or foreigner identification number (NIE)).
- Title deed of the donor, such as the previous purchase or inheritance deed. Otherwise a simple note issued by the Land Registry.
- If the parties wish, any document that accredits the status of the donated items and whether or not there are debts.
Termination of co-ownership
In the termination of co-ownership, the parties agree to the termination of co-ownership existing over assets and rights in such a way that there are fewer owners than there were originally. In exchange, the persons who are no longer owners receive a share in another asset or compensation in cash.
- Proof of identity of the parties (ID card, passport, residence permit or foreigner identification number (NIE)).
- Title deed, such as the previous deed of sale or inheritance deed. In the absence of a title deed, a simple note from the Land Registry.
- If there is compensation in cash, accreditation of the payment means.
More information on our blog:
New construction deed
This is a document declaring that the construction of a building has been started or completed that accredits compliance with all the legal requirements.
There are two types:
- Completed new construction: this requires the complete termination of the construction work.
- New construction in progress: it is not necessary to have completed the construction but once completed, it must be accompanied by a document declaring the work has been completed. It is often used to allow developers to obtain bank finance.
Swap
A legal procedure whereby one asset is exchanged for another and there may or may not be an additional cash payment.
Establishment and extinction of usufruct
The purpose is to establish or terminate the usufruct of a property (right of use and enjoyment without full ownership).
Dation in payment
A dation in payment deed is an agreement whereby an asset is delivered in exchange for the cancellation of a prior debt, thus releasing the former debtor from their obligation to pay it.
The documents required for a dation in payment are the following:
- Identity document, Passport, Foreigner Identity Card or Resident’s Permit for natural persons and in the case of companies, documents accrediting their identity and representation.
- Certificate accrediting ownership of the asset to be given in dation of payment.
- Identification of the debt that will be cancelled.
For free quotations or enquiries, please contact us. You will receive a response from an expert in the subject.
Horizontal property division
A deed of horizontal property division is one that defines a common hold. It shows the common areas of a building as well as the private elements (apartments and plots), determining their features and their proportional part of common expenses. It is often signed together with a deed of new construction.
Purchase option
An agreement in which a person (the grantor) grants another person (the potential buyer or beneficiary) the right to decide for themselves whether an agreement is to be signed. If an option agreement is formalised in a notarial deed, it is considered an enforceable title and the performance of the agreement may be requested directly from the court.
If it affects property, it must be filed with the Registry in order to produce an effect on a third party.
Peer-to-peer lending
An agreement in which one person lends money to another in such a way that the person receiving it has the obligation to return it within a certain time, and subject to certain conditions such as having to pay interest. It is sometimes used by parents to finance the purchase of a home for their children.
- Identity document, Passport, Resident’s Permit or Foreign Identity Card.
- Proof of transfer or other means of payment used to extend the loan.
- It is advisable to state the purpose of the loan.
