In many articles we have reminded our readers who want to buy a property in Spain, the need to perform a due diligence of the property they want to buy, as the purchase of a property usually represents a very significant investment and it is essential to take all possible precautions to avoid possible problems, which in some cases could means very negative consequences.
Some common problems are that many properties which are registered in the land registry and cadastre in a proper way, on urban land, that with an occupation license, water and electricity definitive contracts, etc., they appear to be in a perfect status. But some of these properties are in an unconsolidated urban land and do not have the legal status of SOLAR, which means that development or urbanization works in the area are not completed (the property is not properly urbanized), which means that if the owners for example want to make some works on the property, they will be asked to complete the urbanization works, and sometimes will be forced to make the pavements, street lighting, etc. Sometimes it could be just very difficult or expensive to perform such works depending on the circumstances.
The Regional Administrations ( autonomous communities) in Spain have their own rules, for example in the Valencian Community, currently it is in effect the Law 5/2014, of Planning, Urbanism and Landscape Law, for example on its article 177 and in relation to the properties that are considered legally solar, it is said:
.-Solar are the plots legally divided and urbanized according with technical standards, etc.
.-It is also said that they should have:
- a) rolled access to them by a paved road.
- b) Potable water and electricity, with the flow and sufficient power for the planned building.
- c) Connection to the main sewerage connected to a water treatment purifying plant.
- d) Pedestrian access, pavements and streetlights …
Therefore, although usually the real estate agents, advisers do not do it, and is not for the notary to check it, it is essential to check whether the property that you are buying or want to buy in Spain, has or not the legal status of SOLAR and if it is completely urbanized, because if not, you could be forced to perform or complete the urbanization works which could means a really high cost.
So, if you want to buy a property in Spain, we advise you to hire services and legal advice from a specialized lawyer, which sometimes must be complemented with the services of architect, topographer, etc. If you want to buy or sell a property in Spain, contact us and we’ll help.
The information provided in this article is not intended to be legal advice, but merely conveys information related to legal issues.
Carlos Baos (Lawyer)
Spanish Law firm solicitor attorney barrister.
Alicante, Denia, Costa Blanca Marina Alta
White & Baos 2016 – All rights reserved
