New Escritura

[tt]

Who is responsible for drawing up a new escritura, is it a gestoria or is it the notary.

What would be the cost of doing so.

Many thanks.

[El Cid]

Why exactly do you need a new escritura?

Usually it is all done by the notary. The cost would probably depend on the type of escritura.

Sid

[Mowser]

Sid

My brother needs a new escritura. He bought a small one-storey sewing-machine workshop in Spain and has turned it into a two-storey house. His original escritura shows he bought a workshop on one floor.

[El Cid]

There are loads of reasons why you need a new escritura. I just wanted to know why in this case as it might affect my answer.

Sid

[tt]

Sid, thanks for helping.
We have got all the necessary paperwork to upgrade our escritura when and if we sell. It would be helpful if we had some idea of the procedure and of the cost involved in actually getting the new one. Someone has suggested 2,000€ plus fees for inclusion in the land register.
It would be helpful to know the correct way to avoid being ripped off.

Thanks

[El Cid]

You still haven't explained why you need to "upgrade" your escritura.

Unless we know what you are trying to do it's difficult to advise.

Sid

[Beachcomber]

Presumably you need an escritura of new building to reflect the extension of your property by means of a certificate of antiquity or suchlike.

This can be done at the same time as any subsequent escritura of purchase/sale but some buyers would prefer that it has all been done beforehand in case there is a problem with registration. The fees of the notary are governed by law and are dependent upon the value being declared. Two thousand euros is rather over the top unless this includes the taxes payable on legal documents of 1,5%.

A guide to the fees charged by notaries can be found here:

http://www.notariado.org/liferay/web/no ... que-cuesta

[tt]

Thanks for the replies, yes it was to get an extension added.
I think we will wait until we have a sale and then get it added at the notary.
As a point of interest when we sent the paperwork off to the School of Architects for the certificate of Antiquity (now 6 years) the one document they wanted was the certified arial photo taken over 6 years ago. Building contracts etc etc were not accepted because they could be forgeries, here in Spain, never.
Thanks again for your help.

[Beachcomber]

The problem with leaving it until you sell is that the notary could reject it as being defective in some way which will prejudice your sale and lead to all kinds of complications. If I was a prospective purchaser I would not even pay a deposit until the escritura de obra nueva was registered.

It is your decision of course but I think you will limit your options for a sale if you leave it.