process and cost of updating an escritura

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gavilan
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process and cost of updating an escritura

Postby gavilan » Wed Jun 20, 2018 10:00 am

Can anyone give me some clues as to who to approach to update an escritura? ... papers to take? ... costs involved? ... anything else I should consider/know etc ... many thanks

maureenscot
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Re: process and cost of updating an escritura

Postby maureenscot » Wed Jun 20, 2018 3:23 pm

You could try finding a Gestoria to do it for you

Beachcomber
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Re: process and cost of updating an escritura

Postby Beachcomber » Wed Jun 20, 2018 3:36 pm

A little more information is needed. You cannot 'update' an escritura as such.

If you have paid off a mortgage, for example, you must arrange for an escritura of cancellation of the mortgage. If you have added an extension to the property you must do an escritura of new building and if one of the owners has died you must do an escritura of inheritance.

Whatever the scenario there will be taxes and fees to pay which will depend on the value of the property.

If you have the wherewithal to do so you can do as a Spaniard would do and carry out these actions directly with a notary without the intervention of some Mr Tenpercenter.

gavilan
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Re: process and cost of updating an escritura

Postby gavilan » Wed Jun 20, 2018 4:43 pm

Beachcomber asked for more information ... I was thinking of dying ... so was thinking to sort out some paperwork now rather than leave for family to sort out ... ... Beachcomber also commented ... 'if you have the wherewithal ... directly with a notary' ...?what does 'wherewithal' mean?!

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peteroldracer
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Re: process and cost of updating an escritura

Postby peteroldracer » Wed Jun 20, 2018 4:52 pm

wherewithal - money, time and linguistic skills?
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gavilan
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Re: process and cost of updating an escritura

Postby gavilan » Thu Jun 21, 2018 9:20 pm

thanks for all your responses ... methinks I had better start saving up ... to pay for gestoria or similar and increased taxes!

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Re: process and cost of updating an escritura

Postby wollie » Thu Jun 21, 2018 9:40 pm

It seems to me you are "unique" and different to most certainly me.
There are two things in life we are guaranteed "death and taxes"
It seems to me you saving for both.
buena suerte...

gavilan
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Re: process and cost of updating an escritura

Postby gavilan » Fri Jun 22, 2018 3:29 pm

thinking further about all this ... think I heard somewhere ... ?putting/transferring property into the name of a family member? ... has anyone tried this route?

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Re: process and cost of updating an escritura

Postby TerryC » Sat Jun 23, 2018 3:04 pm

We had our escritura updated just over a year ago. We did it via our lawyer. We needed a technical architect to visit to take measurements, photos etc he then wrote a report. Then it was off to a Notary. The whole thing cost about 3,000 Euros.

We added a cover over our existing terrace, built a car port with a water deposit under. There was always a brick built shed *at least 25 years old on the property but not on the escritura so that was added. Also the land area on the escriture and Nota Simpla were different, after this exercise hopefully these should now match. I've ordered an up to date Nota Simpla so we will see if they match. We have not added any extensions.

I hope this helps, any questions give me a shout.

gavilan
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Re: process and cost of updating an escritura

Postby gavilan » Sat Jun 23, 2018 6:12 pm

thank you TerryC ... your description of what/who/how you did and the costs involved were/are most helpful ... many thanks again

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Re: process and cost of updating an escritura

Postby wollie » Sat Jun 23, 2018 7:45 pm

Terry,
I think i remember having a conversation here before about first license.
I have a friend who got a refurbish done and had license to build same.
Because the archictect had moved from Spain before the project was finished he did not get first license, we only became aware of the existence of same a few years later.
I am now thinking that the escritura has not being updated, we already know that they have not first license, i have being advising them to leave well alone but i now am concerned that if there is difficulty in the future.
You that has being through it, have you any advise?

Many thanks...

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peteroldracer
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Re: process and cost of updating an escritura

Postby peteroldracer » Sun Jun 24, 2018 8:05 am

There are two problems to not having up to date paperwork: one is that you could well be paying too little IBI and if/when they do a catchup you can get a backdated bill going back four years, and if you decide to sell your house and be fortunate enough to find a buyer you could find they walk away when they find out it will be months before they can complete on a fully-legal property.
We got our house fully sorted before putting it on the market.
I used to cough to disguise a [email protected] I f@rt to disguise a cough.

gavilan
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Re: process and cost of updating an escritura

Postby gavilan » Sun Jun 24, 2018 12:04 pm

POR ... I was/am aware of the possibility of increased IBI if/when I get the escritura updated ... but thanks for reminding me ...

gavilan
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Re: process and cost of updating an escritura

Postby gavilan » Sun Jun 24, 2018 1:53 pm

TerryC ... may I ask you one or two more questions eg did your start by going to your town hall ?... and did they introduce to the architect? ... and was your IBI backdated as POR suggested? ... finally, roughly how long did it all take?

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Re: process and cost of updating an escritura

Postby Pamela1 » Sun Jun 24, 2018 2:18 pm

My experience is that when they did the catastral amnesty by ariel photos then any extra square mtrs including anything that was not already on the register were added to the catastral and people were sent a 60euro fine and also their IbI bills were back dated 4 yrs...of course if anything has been added since the amnesty then that is a different matter..The amnesty was completed last year..

gavilan
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Re: process and cost of updating an escritura

Postby gavilan » Sun Jun 24, 2018 3:29 pm

Pamela! ... i have never heard of that catastral amnesty ...( nor have I had a 60e fine ... nor added anything since around 2012) ,,, might it be up to each individual province? ...

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Re: process and cost of updating an escritura

Postby Pamela1 » Sun Jun 24, 2018 5:12 pm

The whole of andalucia was done and so were many other regions, i am not sure about catalunia...Both brother & sister in law got letters with a fine as did many others...Their properties were updated at the cadastral and they had ibi bills issued for the 4 previous yrs...They both now pay more IBI but because of the amnesty they avoided fines of up to 6.000...If your property is in Andalucia and it dosent match what they have registered on the cadastral you would have received a letter...I beleive every single property was checked....

Pamela1
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Re: process and cost of updating an escritura

Postby Pamela1 » Sun Jun 24, 2018 5:18 pm

Im not even sure that their is a law stating that you have to update the escritura..Spanish people dont concern themselves over matters but foreginers may not want to buy unless everything is as it should be...There have been many sales where the escritura does not match cadastral...From what Spamish say the cadastral is the most important...To be honest i wouldnt know so please check it all out...

gavilan
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Re: process and cost of updating an escritura

Postby gavilan » Sun Jun 24, 2018 8:16 pm

I am really puzzled about this ''catastral amnesty' ... if it was all of Andalucia, why did TerryC bother to go to such work and expense to update his escritura?

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Re: process and cost of updating an escritura

Postby Enrique » Sun Jun 24, 2018 8:52 pm

All my best learning experiences start with a problem I need to solve.


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