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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 203. Oportunity to sell your house in Spain III. Size requirements
29 December 2009 @ 08:15

Size is the most important legal requirement to take into consideration if you are thinking of applying for your  Spanish house to have the character of  "protected".

As mentioned in previous, related posts, the Government is determined on trying to mobilize the market by classifiation of free houses into protected, so buyer can be more easily found - among lists of applicants of regional and local governemnts- and financiation is assisted and controlled by the administration: 

The maximum usable area is defined by each region ( Comunidades Autónomas) in Spain. 

The maximum usable area for the purposes of funding under the National Plan is of 90 square meters. When the corresponding program allows attached  elements to the house or apartment, the maximum usable areas  will be of 8  usable square meters for storage and 25 for the attached garage or for the storage room of tools necessary for the development of productive activities in rural areas.
Maximum usable are by Comunidad Autonoma: 

In Andalucía:

Up to 90 m2 
Up to 120 m2 for people with a situation of dependency or  families with 3 or more kids.
So, you can apply if your house is up to 120 m2. If the house is between 90-120 m2, your buyers can only be large families or dependants.
In Murcia: 

Up to 90m2 
Up to 120 m2 in the case of  families with 3 or more kids or people with reduced mobility, permanent disability or dependents and families in charge of these. 
Again, you can apply if your house is up to 120 m2. If the house is between 90-120 m2, your buyers can only be large families or disabled, dependant and their family carers.
In Comunidad Valenciana: 

a) General scheme: 120 m². 
b) Public-private and and existing homes :150 m²
 
In every case, please take into consideration that ONCE THE HOUSE IS CLASSIFIED AS PROTECTED, YOU CANNOT SELL IT IN THE FREE MARKET.It is true that there is no such thing as free market right now but, once Banks open credits again...
 
I will post about maximum prices you can ask for your house in a next post. 
 
I certainly  see these measure as very suitable for  property stocks of Banks, result of Banks past insanity, a real good remedy for their disorders, a way to fulfill, even by force of necessity, the social feature that finantial institutions need to meet, but, if you are an individual owner I would better go for the offering of a safe free rental with option to purchase. There is more legitimate possibilities for you this way: that is my humble opinion.
 
Maria
www.costaluzlawyers.es
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1 Comments


Jim The Finn said:
29 December 2009 @ 11:00

Not A bad idea at all, for those that are absolutely in dire straits and pushed to sell. I suppose the Gov't. will only give a rock bottom price for those that are selling? - but then again, beggars can't be choosers! Incidentally, has anyone taken up on this scheme - if so, how did you fare?
Regards

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