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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 1022. Property buying, Notaries and planning Law
Thursday, September 5, 2013 @ 3:05 PM

Just a brief/ adapted  (so we all understand!)  translation of provision 19 of our Land Act:

Transfer of property does not produce any change in regards to obligations related to planning/zoning regulations ( toward Zoning Authorities).  The new owner " acquires" rights, concessions, exceptions BUT also any obligations, loans, burdens, difficulties, proceedings..... attached to the property itself, always provided they affect his acquisition and are registered at the Land Registry.

When a land is trasmitted, the Notary deed must express:

- Planning status of the land if this is not apt for private use or building, or  it is not included in zonning plans or intended for housing subject to some public protection scheme that allows price your maximum price , rental or other forms of access to housing .

 - Outstanding legal duties and obligations, where land is subject to one of the actions referred to in paragraph 1 of Article 14.

 Breach of  provisions of the preceding paragraph entitles the purchaser to cancel the contract within four years and to demand appropriate compensation under civil law .

 On the occasion of signing of Notary deeds affecting ownership of lands or plots , notaries may request the competent public administration telematic information or , alternatively , expressive writing report of the planning situation and the duties and obligations those properties are affected by. Notary shall send to the competent authority, for their due knowledge, single copy in paper or digital support, of those deeds for which they requested and obtained planning information.

Notaries. Such an important part of the game. Such an unknown figure to you foreign buyers!

Puerto Real from San Fernando, Cadiz, Southwestern Spain, at Facebook.com



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