Over the last 5 to 6 years it has become a necessity to have an up to date title deed with no irregularities. If you wish to sell your property now it is a must to have all your documentation in order.
A few years ago, everybody was much more relaxed about the issue of paperwork on a property; however things have changed substantially in this field.
So, if you are planning to put your house on the market it is now imperative that you have a “clean title deed”
This means that your property must be correctly registered at both the Land Registry and the Catastral Office. The size of the plot or the house, other structures such as garage or a swimming-pool must reflect what you have in reality. This will all help to avoid problems when you find a potential buyer. The most common deal breaker in a house sale is the venders not having their paper work in order.
Since the Law Decree in Andalucía 2/2012 of 2nd of February come into force, it has become a bit more difficult to make amendments to the Title Deed, in many cases because of new legal requirements. In spite of this, over the last few months we have experienced that the Authorities have relaxed a bit on these requirements, with a less restrictive or strict interpretation of new law.
At Thomas Gant Law we offer our clients a free consultation or “legal check” of your properties paperwork in order to confirm whether you have clean title deed and thus allowing you to sell your property without any problems. Or if you are planning to put your house on the market we can advise any need to adapt or correct your paperwork. As things were done differently in the past, you might not even be aware of the fact that you do not have a clean title deed. In addition to this, you might have built a pool, a garage, terrace or an extra bedroom without having registered this with the Land Registry and Catastral Office. Perhaps you have never had your plot measured and your deeds reflect an approximate size of the plot, without having the current necessary accuracy. If any structure was built more than 6 years ago, with the current regulations it is possible to make the necessary amendments and include this on your deeds in order to have your title deed correctly registered.
From our experience we know that the Law changes every day; however it is currently possible to make changes to your deeds. Thomas Gant Law encourages you to undertake these amendments, even if you are not planning to sell your property any time soon. This will alleviate problems in the future if you do wish to sell or irradiate potential problems for your heirs.
In addition, we will also be able to supply you with an estimate of the costs you can expect when you sell your property (such as Capital Gains Tax or Plusvalía), to give you an idea of how much you will have to deduct to the sales price.
Thomas Gant Law
Spanish Lawyer
Thomas Gant Law
Avenida Constitución, Local 6
29754 Cómpeta (Málaga)
Tlf: 0034 952 51 69 61
