Land registry + legality + mortgages

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dingobingo
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Land registry + legality + mortgages

Postby dingobingo » Wed Jul 04, 2018 8:27 am

I've been discussing with an estate agent about obtaining mortgages for renovation properties in Andalucia. He mentioned that often these properties wont have been registered with the land registry and thus banks wont lend on them.

In my inexperienced mind this opens up a whole can of worms. How can a property not be registered with the land registry, and if it isn't, doesn't this create a whole host of problems? In case it makes a difference we're talking about properties that have been there for at least 40 years.

Thanks in advance.

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chrissiehope
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Re: Land registry + legality + mortgages

Postby chrissiehope » Wed Jul 04, 2018 1:04 pm

I think you will need to speak to the local Town Hall/Ayuntamiento - they will be able to tell you if it will be a problem. Our casa (in the campo) was about 60 or 70 years old & wasn't registered, however as the Town Hall was familiar with the property, it all went smoothly.
Others may have a different point of view ;-)
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ashtondav
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Re: Land registry + legality + mortgages

Postby ashtondav » Wed Jul 04, 2018 3:46 pm

Many properties in the campo will be too old to have obtained licence of first occupation. Speak to the town hall architect, get everything in writing and employ a knowledgeable local solicitor.

dingobingo
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Re: Land registry + legality + mortgages

Postby dingobingo » Thu Jul 05, 2018 12:09 am

Ok thank you both

dingobingo
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Re: Land registry + legality + mortgages

Postby dingobingo » Thu Jul 05, 2018 12:10 am

Oh, and if I ended up buying one and then registering it myself, what kind of cost am I looking at? Thanks

Paddy Pumpkin
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Re: Land registry + legality + mortgages

Postby Paddy Pumpkin » Thu Jul 05, 2018 4:29 pm

This website has all the catastral references and descriptions of what is registered. Just find the land and click on the square. Clicking to see catasral refence only works on a computer for me (not tablet or phone)

https://es.goolzoom.com/

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Re: Land registry + legality + mortgages

Postby El Cid » Thu Jul 05, 2018 4:38 pm

dingobingo wrote:Oh, and if I ended up buying one and then registering it myself, what kind of cost am I looking at? Thanks
It depends on various things such as price, but think thousands not hundreds. I paid nearly €3000 15 years ago on our new build plus all the notary and catastral fees etc.
Sid

dingobingo
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Re: Land registry + legality + mortgages

Postby dingobingo » Fri Jul 06, 2018 1:47 am

Thanks folks. That's a great website Paddy

I found the land - twice as big as the estate agent has it advertised at, but I see this:

Clase
Rústico

Uso principal
Agrario

It's a sizeable farm house, and not a barn or stables, although those are also on the land.

Does this mean I wouldn't be able to use it as a residence?

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Enrique
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Re: Land registry + legality + mortgages

Postby Enrique » Fri Jul 06, 2018 7:46 am

Hi dingobingo,

"It's a sizeable farm house, and not a barn or stables, although those are also on the land.

Does this mean I wouldn't be able to use it as a residence?"

It just means it (House) hasn't been registered so will be paying lower land IBI

It will be a good Example for your "current" Project to find out what is required to Buy.............

Back in the day you could just Register the property on the Day you bought it......i suspect more Paper work is required now and cost.

As an Example over the years Building Licenses have required more hoops to jump through and Costs...........

There is a minimum size plot for a house in the Campo.............check it out.

Has it Mains electric /water......... :?:

What is the aguas residuales.............sewage to you and me.............. :D

Have fun............ :)
All my best learning experiences start with a problem I need to solve.

dingobingo
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Re: Land registry + legality + mortgages

Postby dingobingo » Fri Jul 06, 2018 9:01 am

Thanks Enrique

Good to know.

It'a lacking a lot - no water, elec or sewage. Fun times. They're all supposedly 'near by'. What that means in reality I've no idea :)

The plot size is around 4000m2 - is that big enough? Or does that size requirement vary by region?

Cheers

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Enrique
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Re: Land registry + legality + mortgages

Postby Enrique » Fri Jul 06, 2018 9:10 am

Hi,
It used to be 3000m2..............you really need to get chatting to your Mr Fixit...............you do have one after all these years in Spain....... :?:

Has it a Roof................if not you can walk away.................... :(
All my best learning experiences start with a problem I need to solve.

dingobingo
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Re: Land registry + legality + mortgages

Postby dingobingo » Fri Jul 06, 2018 9:27 am

I've been renting all these years :)

Yes there's a roof. I plan to do most of the work myself, but of course, not connecting utilities :)

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Wicksey
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Re: Land registry + legality + mortgages

Postby Wicksey » Fri Jul 06, 2018 10:35 am

Our house and all the other newer properties around us (ie 25 years or younger) are all agrario on rustico land. Our house is properly registered with the land registry and catastro. On the Goolzoom site it does show in the 'construccion' section that it is a 'vivienda' though. I also know that similar properties are getting a DAFO OK so presumably the fact it is agrario property on rustico land is not a problem.

Be wary if the agent has the land size less than on the catastro. It is not unheard of for the previous owner to hang on to some of the land but it will never have been properly segregated which now cannot be done. We once looked at buying a house on a 11,000m2 plot according to the catastro, but it was being sold with only 2,500m2 of that land so we walked away. Even our current house proved to have a similar problem whereby the original owner of the land claimed that some of ours was still his, but that was all sorted out before we bought.

"Water and electricity nearby" is something that used to be very common on land for sale back in the 1990s. We did get electricity but never got the promised water, although having a well dug may have been an option and a water supply did eventually arrive 8 years later. Town/drinking water is not usually available if you are way out in the campo, but there may be an agricultural water supply. Getting onto the system may be tricky depending on how it is organised and whether there is a meter point available anywhere nearby. You can live without mains electricity but water is the most important thing to check.

dingobingo
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Re: Land registry + legality + mortgages

Postby dingobingo » Sat Jul 07, 2018 7:02 am

Wonderful advice, thank you for your time and contribution. I'll be visiting some in September and these comments will help my questions.

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Re: Land registry + legality + mortgages

Postby Gasman » Sun Jul 08, 2018 11:54 pm

One of the stipulations on a property being newly connected to the electricity supply (rather than a temporary one put in for the builders) is that the paperwork has been completed to the local authority's standard (which may vary from one place from another!) ... so be aware that if you are going to upgrade and renovate, yourself .... you may like to consider the need for an architect to A get your plans up to norm and then approved, and B to be able to sign off on the finished work so you can have your official electric supply installed (and they all have to have a smart meter these days), and C get your paperwork finalised when all is completed.

As to land size, it may well be that your "farm" has big enough hectares to be considered a working-farm and therefore I believe you have to provide some proof that you are actually going to farm, in some way or other before being allowed to build/renovate to create a dwelling fit for modern use (they are very wary of land being bought to install a palatial villa and the land thus being "wasted" as agricultural land). I cannot remember what hectare-age is involved - someone may have better info on this.

dingobingo
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Re: Land registry + legality + mortgages

Postby dingobingo » Mon Jul 09, 2018 2:54 am

Thanks Gasman, in this case, even if the land on the website is actually the case it;s 0.4 hectares, so I doubt that would come into play, but some other properties I'm looking at are around 3 hectares so maybe more relevant there.


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