[Anonymous]

Hello, I am thinking of purchasing a property, ruin to renovate, in Asturias or Galaicia with about 10000 to 20000m2 of land, I would like mostly wooded with perhaps a stream running through on its own about 40k from the coast.
I am ok with carpentry, decorating, pastering, roofing butwill not touch electrics / plumbing.
I would probaly have a borehole for water, but understand there may be delays in getting electrics connected if it is classed rustica.
I was qouted 1000euros for renovation costs.

I will aslo have to work, again I can do building work or gardening.

I would like to know roughly how much living costs are or would be for a single person.

I have the money to buy but not to buy and renovate , so a lot of the work must be done by myself.

Anyway just starting off, and if I try to identify pitfalls at an early stage by asking questions on forums such as this hoefully the way ahead may be easier.

Many thanks and hope to speak to some of you soon, Regards Graham

[Anonymous]

Before you sign anything or give any money even a reservation fee you should find out at your future Town Hall regarding of the Urban Planning what can you build in your land because it depends of the classification of the land that you are buying to obtain a building permit

[Anonymous]

Before you sign anything or give any money even a reservation fee you should find out at your future Town Hall regarding of the Urban Planning what can you build in your land because it depends of the classification of the land that you are buying to obtain a building permit

[Anonymous]

On that note: Urban Planning in Spain

I have a few questions:

I fully understand the workings of the UK planning system. Simplistically speaking proposals require compliance with the Local Development Plan, Development Control Policies etc. and there’s the General Permitted Development Order, as well as the Officer / Councilor / Committee decision making process etc…

However, my knowledge of the Spanish Planning system is limited. Can anyone give me a quick overview on the decision making process for domestic planning applications? For example, should one wish to insert a pool or add an extension assuming sufficient land is available?

And, are the local development plans (or similar) kept up to date and available for the public to inspect?

Thanks
M

[Anonymous]

On that note: Urban Planning in Spain

I have a few questions:

I fully understand the workings of the UK planning system. Simplistically speaking proposals require compliance with the Local Development Plan, Development Control Policies etc. and there’s the General Permitted Development Order, as well as the Officer / Councilor / Committee decision making process etc…

However, my knowledge of the Spanish Planning system is limited. Can anyone give me a quick overview on the decision making process for domestic planning applications? For example, should one wish to insert a pool or add an extension assuming sufficient land is available?

And, are the local development plans (or similar) kept up to date and available for the public to inspect?

Thanks
M

[Anonymous]

If you are planning to erect a house or do any major repairs or alterations to existing ones involving structural components or even for minor construction works you must apply for a permission. In Spain the local planning system controls the use of land and what’s built on it through two types of license

a) Minor construction work permit “Licencia de Obra menor”To find out what kind of works are considered minor you have to check the local regulation. You may contact the planning department of your local planning authority for advice requesting application form and decide on permit type. It is often a good idea to meet a planning officer for an informal discussion before you proceed. You will not be charged for this. Each Town Hall has his own ordinance but generally speaking under this type are included:

Repair work without alteration of the volume or the principal use of the facilities and services of communal use
Building works which are wholly internal.
Works that do not affect the external composition or structure

For instance: Changing the floors, changing the tiles, building or removing partitions in the interior of the house, placing or removing doors, windows, gratings, tiling a garden or terrace, adding decorative girders/pergolas to a garden or terrace, raising the walls of the garden.

Documentation required
Aplication with description of the works, proposed use, budget, owner and/or builder identification and location. You should keep one sealed copy of the application form

b) Major construction work permit “Licencia de Obra mayor”For undertaking works such as new buildings, alterations, demolitions or even the construction of a swimming pool you need to apply for a “Licencia de Obra mayor”

Documentation required
Application form signed by an architect, architectural engineer, promoter and builder must be accompanied by a plan of the site, details of any proposed works and two copies of the construction drawings endorsed by the Architects Association

Tax
Construction Tax “Impuesto sobre instalaciones construcciones y obras” I.C.I.O. and/or Licence fees. These are calculated depending on the figure set by your Town Council, approximately ICIO costs about 3-4% of the estimated construction costs and Licence fees about 1-2%. It is irrelevant for this tax if you have the materials and you and only you are going to undertake the works therefore you have to pay tax in this case calculating the cost according to the guidelines of the Architect Association. These fees are not refundable even the permit is not granted.

It is not necessary to make the application yourself. If you wish, you can appoint an agent (for instance, an architect, a solicitor, or a builder) to submit it for you on your behalf but your agent will need a written and express authorization

If the Town Hall does not reply you with a written notification within the time period provided by law , you will automatically obtain the licence, assuming that the correct information was submitted and it complies with planning regulations.

If you don´t wait until your application is granted the local authorities could impose you a disciplinary penalty.

If the council turn down your application or imposes conditions, it must give written reasons and if you think the council’s decision is unreasonable, you may wish to consider appealing to the Mayor. The deadline for submitting an appeal is indicated in the decision of the Town Hall

If you know any construction works undertaking without permission you could report to the Council even if you do not have any nuisance or detriment.

Regarding your question about local development plans (or similar) you can inspect them at every Town Hall

Felix Lopez

http://www.fljordan.com Law Firm

[Anonymous]

If you are planning to erect a house or do any major repairs or alterations to existing ones involving structural components or even for minor construction works you must apply for a permission. In Spain the local planning system controls the use of land and what’s built on it through two types of license

a) Minor construction work permit “Licencia de Obra menor”To find out what kind of works are considered minor you have to check the local regulation. You may contact the planning department of your local planning authority for advice requesting application form and decide on permit type. It is often a good idea to meet a planning officer for an informal discussion before you proceed. You will not be charged for this. Each Town Hall has his own ordinance but generally speaking under this type are included:

Repair work without alteration of the volume or the principal use of the facilities and services of communal use
Building works which are wholly internal.
Works that do not affect the external composition or structure

For instance: Changing the floors, changing the tiles, building or removing partitions in the interior of the house, placing or removing doors, windows, gratings, tiling a garden or terrace, adding decorative girders/pergolas to a garden or terrace, raising the walls of the garden.

Documentation required
Aplication with description of the works, proposed use, budget, owner and/or builder identification and location. You should keep one sealed copy of the application form

b) Major construction work permit “Licencia de Obra mayor”For undertaking works such as new buildings, alterations, demolitions or even the construction of a swimming pool you need to apply for a “Licencia de Obra mayor”

Documentation required
Application form signed by an architect, architectural engineer, promoter and builder must be accompanied by a plan of the site, details of any proposed works and two copies of the construction drawings endorsed by the Architects Association

Tax
Construction Tax “Impuesto sobre instalaciones construcciones y obras” I.C.I.O. and/or Licence fees. These are calculated depending on the figure set by your Town Council, approximately ICIO costs about 3-4% of the estimated construction costs and Licence fees about 1-2%. It is irrelevant for this tax if you have the materials and you and only you are going to undertake the works therefore you have to pay tax in this case calculating the cost according to the guidelines of the Architect Association. These fees are not refundable even the permit is not granted.

It is not necessary to make the application yourself. If you wish, you can appoint an agent (for instance, an architect, a solicitor, or a builder) to submit it for you on your behalf but your agent will need a written and express authorization

If the Town Hall does not reply you with a written notification within the time period provided by law , you will automatically obtain the licence, assuming that the correct information was submitted and it complies with planning regulations.

If you don´t wait until your application is granted the local authorities could impose you a disciplinary penalty.

If the council turn down your application or imposes conditions, it must give written reasons and if you think the council’s decision is unreasonable, you may wish to consider appealing to the Mayor. The deadline for submitting an appeal is indicated in the decision of the Town Hall

If you know any construction works undertaking without permission you could report to the Council even if you do not have any nuisance or detriment.

Regarding your question about local development plans (or similar) you can inspect them at every Town Hall

Felix Lopez

http://www.fljordan.com Law Firm

[Anonymous]

Felix,

Thank you for your swift and helpful response.

This summary is exactly what i need and should now enable me to undertake further ‘infomred’ research into the particualr geographical area that interests me.

I am aware that the profession of ‘town planning’ does not exist in the strictest sense; or it does, but it is carried out by qualified architects unlike here in the UK were both town planners and architects fulfil different roles. What i find interesting here in the UK is that the Town Planners are not actually ‘qualified’ in desing terms to understand architect’s drawings. Usually for this role a design officer will assist.

What is of particular interest to me is option b) Major construction work permit “Licencia de Obra mayor” . For undertaking works such as new buildings, alterations, demolitions or even the construction of a swimming pool you need to apply for a “Licencia de Obra mayor”

I will need to seek the advise of an architect as part of the due-diligence exercise into the potential purchase of a property that i am currently considering. The extent of the works are, as per my last post, are in keeping with the character of the dwelling and its extensive plot… but that is only my opinion!

What i find of interest is the following:

“If the Town Hall does not reply you with a written notification within the time period provided by law , you will automatically obtain the licence, assuming that the correct information was submitted and it complies with planning regulations”.

This places the onus firmly with the local authorites to make a decision within the specified timescale for determining applications. What differs in the uk is the ‘8 week rule’ whereby the applicant has the right to appeal on grounds of non-determination – should the local authorities not have reached a decision. However, it is often the case that the applicant and the local authorities will agree to a time extension rather than the applicant incurring the costs (and time delay) of running an appeal.

One final question. Here, in the uk the jurisdication for development plans tend to extend to the local authority’s area. I read alot about the importance of the ‘Town Hall’ in Spain. Is the local authority juristication for planning purposes more compact in spain (town to town, village to village) or are area’s divided into regional areas?

Thanks again for your help!
M

[Anonymous]

Felix,

Thank you for your swift and helpful response.

This summary is exactly what i need and should now enable me to undertake further ‘infomred’ research into the particualr geographical area that interests me.

I am aware that the profession of ‘town planning’ does not exist in the strictest sense; or it does, but it is carried out by qualified architects unlike here in the UK were both town planners and architects fulfil different roles. What i find interesting here in the UK is that the Town Planners are not actually ‘qualified’ in desing terms to understand architect’s drawings. Usually for this role a design officer will assist.

What is of particular interest to me is option b) Major construction work permit “Licencia de Obra mayor” . For undertaking works such as new buildings, alterations, demolitions or even the construction of a swimming pool you need to apply for a “Licencia de Obra mayor”

I will need to seek the advise of an architect as part of the due-diligence exercise into the potential purchase of a property that i am currently considering. The extent of the works are, as per my last post, are in keeping with the character of the dwelling and its extensive plot… but that is only my opinion!

What i find of interest is the following:

“If the Town Hall does not reply you with a written notification within the time period provided by law , you will automatically obtain the licence, assuming that the correct information was submitted and it complies with planning regulations”.

This places the onus firmly with the local authorites to make a decision within the specified timescale for determining applications. What differs in the uk is the ‘8 week rule’ whereby the applicant has the right to appeal on grounds of non-determination – should the local authorities not have reached a decision. However, it is often the case that the applicant and the local authorities will agree to a time extension rather than the applicant incurring the costs (and time delay) of running an appeal.

One final question. Here, in the uk the jurisdication for development plans tend to extend to the local authority’s area. I read alot about the importance of the ‘Town Hall’ in Spain. Is the local authority juristication for planning purposes more compact in spain (town to town, village to village) or are area’s divided into regional areas?

Thanks again for your help!
M

[Anonymous]

Hi Graham,

A rough guide to prices for 2ha of land in Galicia / Asturias, will depend very much on where it is and what’s on it. If it’s urbanisable, then it could cost anywhere in the range of 120K to 2M euros, whilst at the lower end, say a Finca Rustics, could cost between 50K and 250K euros. Don’t forget that on top of the purchase price, you should allow 12% for legals and taxes.

If you’re also looking for land that is mostly wooded, then there’s a very high probability that to do anything on that land, you may well have to involve the Spanish equivalent of the Forrestry Commission – as certainly around our way, they often have to give approval to works happening in an area that is heavily wooded.

1000 euros renovation costs, sounds WAY WAY too cheap, if the property needs renovating. As ‘spanishlawyer’ has pointed out, you may need to add on costs of licenses, architect and insurances. At the moment, in my area, licenses are taking 47days to turn-around.

If renovating, then there’s a high probability that you’ll need some familiarity with stonework or more likely, rubble walls.

You don’t necessarily need an architect (from the collegio) for your due diligence, as there’s another type called an Arquitecto Tecnico, who is often able to survey and cost out materials required, in addition to sorting out licenses, insurances etc.

With regards to a pool, much of Galicia and Asturias has hard rock only a short way under the surface; so if you happen to be located on this type of land, then build costs may well be above what you’re expecting.

In terms of living costs, you can make them as ‘rich’ or ‘poor’ as you see fit – with all that land, you’ll be able to grow your own vegetables and slaughter your own animals – lovely blood pudding in Galicia / Asturias !!!! The huge differential that used to be there between the UK and Spain, has rapidly diminished, if I were to guess, I’d say it still clocks in at 20% cheaper – and rapidly diminishing.

The Spanish arm of UBS did a comparison of salaries and prices with other countries (2006), using New York prices as a reference point (figures are relative to NYC=100). I quote some stats for your reference, and they should be treated as a vague indicator (and some fun).

Take Home Salaries: New York=100, Madrid=64 , London=96
Amount of minutes you’d have to work to buy a Big Mac in that country.
York=13, Madrid=19 , London=16
Amount of minutes you’d have to work to buy 1kg bread in that country.
York=16, Madrid=15 , London=5
Amount of minutes you’d have to work to buy 1kg rice in that country.
York=8, Madrid=8 , London=5
Cost of Clothing: New York=100, Madrid=82 , London=89
Cost of Electrical Equipment: New York=100, Madrid=133 , London=141

There’s loads more, but that’s enough to bore anyone – interesting that the Big Mac has replaced the Mars Bar as the world’s common currency.

Hope this helps.

[Anonymous]

Hi Graham,

A rough guide to prices for 2ha of land in Galicia / Asturias, will depend very much on where it is and what’s on it. If it’s urbanisable, then it could cost anywhere in the range of 120K to 2M euros, whilst at the lower end, say a Finca Rustics, could cost between 50K and 250K euros. Don’t forget that on top of the purchase price, you should allow 12% for legals and taxes.

If you’re also looking for land that is mostly wooded, then there’s a very high probability that to do anything on that land, you may well have to involve the Spanish equivalent of the Forrestry Commission – as certainly around our way, they often have to give approval to works happening in an area that is heavily wooded.

1000 euros renovation costs, sounds WAY WAY too cheap, if the property needs renovating. As ‘spanishlawyer’ has pointed out, you may need to add on costs of licenses, architect and insurances. At the moment, in my area, licenses are taking 47days to turn-around.

If renovating, then there’s a high probability that you’ll need some familiarity with stonework or more likely, rubble walls.

You don’t necessarily need an architect (from the collegio) for your due diligence, as there’s another type called an Arquitecto Tecnico, who is often able to survey and cost out materials required, in addition to sorting out licenses, insurances etc.

With regards to a pool, much of Galicia and Asturias has hard rock only a short way under the surface; so if you happen to be located on this type of land, then build costs may well be above what you’re expecting.

In terms of living costs, you can make them as ‘rich’ or ‘poor’ as you see fit – with all that land, you’ll be able to grow your own vegetables and slaughter your own animals – lovely blood pudding in Galicia / Asturias !!!! The huge differential that used to be there between the UK and Spain, has rapidly diminished, if I were to guess, I’d say it still clocks in at 20% cheaper – and rapidly diminishing.

The Spanish arm of UBS did a comparison of salaries and prices with other countries (2006), using New York prices as a reference point (figures are relative to NYC=100). I quote some stats for your reference, and they should be treated as a vague indicator (and some fun).

Take Home Salaries: New York=100, Madrid=64 , London=96
Amount of minutes you’d have to work to buy a Big Mac in that country.
York=13, Madrid=19 , London=16
Amount of minutes you’d have to work to buy 1kg bread in that country.
York=16, Madrid=15 , London=5
Amount of minutes you’d have to work to buy 1kg rice in that country.
York=8, Madrid=8 , London=5
Cost of Clothing: New York=100, Madrid=82 , London=89
Cost of Electrical Equipment: New York=100, Madrid=133 , London=141

There’s loads more, but that’s enough to bore anyone – interesting that the Big Mac has replaced the Mars Bar as the world’s common currency.

Hope this helps.

[Anonymous]

Hi M

Regarding my words about this administrative silence which may mean consent, I do not seek to give false hopes to all of those who are looking for obtain something unlawful only for the delay of an administrative body answering an application. This principle operates solely in the case of ‘that the correct information was submitted and it complies with planning regulations’
Our statutory framework of responsibilities among local authorities, regional and national is very complex because they all enact their own rules through acts or ordinances but briefly and in plain English there are two levels:

1º City Councils:
They have enormous power in this particular issue and the most important duties that they must do are granting permits and design the municipal zoning ordinances known as ‘PGOU’ ‘Plan general de ordenacion urbana’ as well as plans of building plots for specific areas. For this reason planning officers in Town Halls are the best references for advise because they will decide your application according to the conditions set forth in the PGOU which declares how and where you can build.

2º Regional Bodies
As you know Spain is administratively divided in ‘Comunidades Autonomas’ with a vast range of competencies, among those we can find the regulation by law of these subjects and to oversees the duties of the Town Halls within its jurisdiction specifically they revise and scrutiny every PGOU
Felix

[Anonymous]

Hi M

Regarding my words about this administrative silence which may mean consent, I do not seek to give false hopes to all of those who are looking for obtain something unlawful only for the delay of an administrative body answering an application. This principle operates solely in the case of ‘that the correct information was submitted and it complies with planning regulations’
Our statutory framework of responsibilities among local authorities, regional and national is very complex because they all enact their own rules through acts or ordinances but briefly and in plain English there are two levels:

1º City Councils:
They have enormous power in this particular issue and the most important duties that they must do are granting permits and design the municipal zoning ordinances known as ‘PGOU’ ‘Plan general de ordenacion urbana’ as well as plans of building plots for specific areas. For this reason planning officers in Town Halls are the best references for advise because they will decide your application according to the conditions set forth in the PGOU which declares how and where you can build.

2º Regional Bodies
As you know Spain is administratively divided in ‘Comunidades Autonomas’ with a vast range of competencies, among those we can find the regulation by law of these subjects and to oversees the duties of the Town Halls within its jurisdiction specifically they revise and scrutiny every PGOU
Felix

[Anonymous]

Hi Felix,

Thanks again for your post.

As per your concerns about raising false hope for those with illegal builds or seeking something unlawful… you can relax, your writings on this matter are very clear.

However, the bold type really does have added impact!

Regards
M

[Anonymous]

Hi Felix,

Thanks again for your post.

As per your concerns about raising false hope for those with illegal builds or seeking something unlawful… you can relax, your writings on this matter are very clear.

However, the bold type really does have added impact!

Regards
M

[Anonymous]

Hi,

It might be worth looking on the website of the town hall of the region you plan to buy in as they tend to allow you to download the license application forms. You are actually expected to pay the 4% for a license to paint the inside of your house…I keep meaning to take a very cheap tin of paint with me to the ayuntamiento just too see what happens! Having the license is meant to give you protection if anything happens to the builders, say they have an accident and can´t work, without the license you are liable I think.

In the Siero area, we can apply for a “fast” (rapido) minor works license, that is granted in a few hours, for certain things – one being changing the kitchen/bathrooms etc as we did! These literally take a few hours..well, as long as it takes you to queue up to get the form, fill it in, get told how much to pay, pay it and return to the first desk again!

How about looking at some of the estate agents sites, for example reinasgrupo.es (v large Spanish estate agent) or costaverdeproperties.co.uk (English site) to get an idea of prices..probably the most reliable way as then you can compare whats on offer. Frequently, its location that makes the biggest difference in price here..similar houses sell from 44K in a the Nalon Valley to 135K in Pola de Siero (both in need of renovation..)

Its good that you have all those building skills..decent builders are hard to come by, as they are all extremely busy, the same goes for plumbers and electricians!!

The Asturias principado also give some grants for renovating properties: see
http://www.asturias.es/portal/site/Asturias/menuitem.46a76b28f520ecaaf18e90dbbb30a0a0
/?vgnextoid=2ff75a8a9ad4f010VgnVCM100000b0030a0aRCRD&vgnextchannel=1847b8db82
22a010VgnVCM100000bb030a0aRCRD&i18n.http.lang=es&tipo=27

Sorry you will have to cut and paste this in, its a very long address but takes you to the grant page but is in Spanish..yell if you need help translating it. Mike, have you tried to get any grants?

Good luck!

Heather

[Anonymous]

Hi,

It might be worth looking on the website of the town hall of the region you plan to buy in as they tend to allow you to download the license application forms. You are actually expected to pay the 4% for a license to paint the inside of your house…I keep meaning to take a very cheap tin of paint with me to the ayuntamiento just too see what happens! Having the license is meant to give you protection if anything happens to the builders, say they have an accident and can´t work, without the license you are liable I think.

In the Siero area, we can apply for a “fast” (rapido) minor works license, that is granted in a few hours, for certain things – one being changing the kitchen/bathrooms etc as we did! These literally take a few hours..well, as long as it takes you to queue up to get the form, fill it in, get told how much to pay, pay it and return to the first desk again!

How about looking at some of the estate agents sites, for example reinasgrupo.es (v large Spanish estate agent) or costaverdeproperties.co.uk (English site) to get an idea of prices..probably the most reliable way as then you can compare whats on offer. Frequently, its location that makes the biggest difference in price here..similar houses sell from 44K in a the Nalon Valley to 135K in Pola de Siero (both in need of renovation..)

Its good that you have all those building skills..decent builders are hard to come by, as they are all extremely busy, the same goes for plumbers and electricians!!

The Asturias principado also give some grants for renovating properties: see
http://www.asturias.es/portal/site/Asturias/menuitem.46a76b28f520ecaaf18e90dbbb30a0a0
/?vgnextoid=2ff75a8a9ad4f010VgnVCM100000b0030a0aRCRD&vgnextchannel=1847b8db82
22a010VgnVCM100000bb030a0aRCRD&i18n.http.lang=es&tipo=27

Sorry you will have to cut and paste this in, its a very long address but takes you to the grant page but is in Spanish..yell if you need help translating it. Mike, have you tried to get any grants?

Good luck!

Heather

[Anonymous]

@heatherpsk wrote:

In the Siero area, we can apply for a “fast” (rapido) minor works license, that is granted in a few hours, for certain things – one being changing the kitchen/bathrooms etc as we did! These literally take a few hours..well, as long as it takes you to queue up to get the form, fill it in, get told how much to pay, pay it and return to the first desk again!

Wow! Wish they existed in Andalucia! I despair of anything ever being rapido down here…

[Anonymous]

@heatherpsk wrote:

In the Siero area, we can apply for a “fast” (rapido) minor works license, that is granted in a few hours, for certain things – one being changing the kitchen/bathrooms etc as we did! These literally take a few hours..well, as long as it takes you to queue up to get the form, fill it in, get told how much to pay, pay it and return to the first desk again!

Wow! Wish they existed in Andalucia! I despair of anything ever being rapido down here…

[Anonymous]

Hi Heather,

The Tecnical Architects are scratching their heads at this moment to see if any can apply – especially around the solar installation.

My limited viewing of grants hasn’t turned up anything yet – mainly down to requirements of residency, level of income or square meter restrictions.

I’ll let you know if the TA’s hook into anything.

Mike

[Anonymous]

Hi Heather,

The Tecnical Architects are scratching their heads at this moment to see if any can apply – especially around the solar installation.

My limited viewing of grants hasn’t turned up anything yet – mainly down to requirements of residency, level of income or square meter restrictions.

I’ll let you know if the TA’s hook into anything.

Mike

[Anonymous]

Thank you for all the replies, and for any future ones.

I am probaly in the same boat as others, I have enough to buy outright but not enough for additional expenses plus renovation.

Going to Galicia on the 03.05.08 to 09 .05.08 for some viewing and see the area. Regards, Graham

[Anonymous]

Thank you for all the replies, and for any future ones.

I am probaly in the same boat as others, I have enough to buy outright but not enough for additional expenses plus renovation.

Going to Galicia on the 03.05.08 to 09 .05.08 for some viewing and see the area. Regards, Graham

[Anonymous]

I have seen a property but been told by the estate agent in northern spain that someone has put in an offer and it has been accepted, but they have not paid a deposit, so it is still up for sale, this is rural land with a derelict property on it.

on this site the price for rural land (by the spanish goverment) in the area I want to buy is stated as being about 1.8 euros per m2, the estate agents price works out at 4.0 euros per m2.

any thoughts

thanks in advance for any replies.

[Anonymous]

The difference is what the Agent is pocketing. Q.E.D

[Anonymous]

Don’t pay the reservation fee or any money until you have a contract, it is not enough a receipt and check seller’s title deed, recent Nota simple from Land Registry, latest paid-up receipt for the IBI and cadastral reference

Is it required by law to pay a deposit ? Although not statutory it is customary for the buyer to pay a deposit of around 5% of the purchase price.
Is it convenient to draw a contract when I pay the first amount of my future property ? Yes it is. If you pay and you have just a receipt you fall into the first and one of the major pitfalls.
Is it mandatory to draw and sign the earnest money contract ? No it is not statutory but it is suitable to set the conditions of the purchase since the beginning.
What is the average percentage of the deposit ? The amount of the deposit varies from purchase to purchase, depending on a variety of factors, normally between 5-10 %. There are reasons to try and keep the deposit as small as possible, but not so small that the seller doesn’t take it seriously

Which is the aim of the deposit ? Earnest money for bind the sale, when the contract is completed the deposit becomes part of the payment.
Which is the most important document what I have to sign in a purchase ? The contract of earnest money or deposit. Where should I transfer money for deposit ? The earnest money deposit should be placed in a bonded or blocked account which is inaccessible except for the recorded purpose of the deposit . At that point it is no longer the buyer’s money it belongs jointly to the buyer and seller.
What is gazumping ? Happens when the vendor has accepted your offer but then takes a higher one. It can come about any point before sign the contract or even after but always before sign public deeds. Even when a buyer and seller ‘agree’ a price, this agreement is not legally binding until deed are signed.
Is it usual gazumping practice in Spanish market ? It is unusual but not impossible, it depends of arras agreement but normally either party could withdraw but in this case the buyer will lose his deposit and the vendor will have to return double the amount deposited.

What references must include this contract regarding the parties ? Names and surnames, marital status, addresses, ID or NIE number and/or Passport number.
What clauses must include this contract regarding the sellers ? If this party is a marriage and the property is Spouses’ Joint Property, it is frequent in Spain, both spouses must sign. If the property belongs to two or more people undivided, must sign all the owners. If the owner is a juristic person must record the details of the agent of the artificial person with full powers referring to the particular empowerment, If the seller is and individual but represented by a general attorney must also mention and verify the power of attorney.
What clauses must include this contract regarding the buyers ? In this case though only one spouse buy the property, is sufficient with one signature. If two or more people want to purchase undivided all must sign. If the acquirer is a company or corporate person must mention the power attorney of the agent who signs.
What clauses must include this contract regarding the property ? Must identify the property, footage, comprehensive address, garage, lumber room..
What clauses must include this contract regarding the Land Registry ? Number of the property and cadastral reference
What clauses must include this contract regarding the encumbrances ? After check the Land Registry information must indicate the existence of burdens and how, when and who will assume.

Must include this contract a clause regarding the date of deed’s signature ? It is indispensable because the aim of this contract is reserves the property until the deed’s signature

What clauses must include this contract regarding the payments conditions ? The amount of the deposit and the total sum of the sale to be payable. The parties to a contract are free to agree these quantities, normally about 5-10%.

Is it compulsory to draw up this contract or a purchase sale contract of real property ? No, you could go directly to sign the deed .
Is it advisable to include a damages clause in the event of breach of contract ? Yes, in this clause must be included the sum to be payable.
On the assumption that of having to request a mortgage can I propose a clause included in that indicates itself that in case of not obtaining the loan they should return the money of deposit ? It is advisable to include this clause.

How much time has to pass between the signing of the contract of sale and the signature at the Notaría ? As soon as possible. The danger of resell the property two or more times is true. Then, you would lose any right on the property if with another buyer the deeds are signed in presence of a notary, only you might claim for the lost quantity but you never recover the property since belongs the new buyer because he has acted in good faith

What kind of earnest money could I choose ? Two classes. First one helps protect each party if either backs out of the transaction (the buyer loses the deposit; the seller returns double the deposit). The second type avoid pulls out.

Should be included in the contract any reference about the real estate and his commission ? It is quite convenient.

Is it valid a contract signed by the vendor’s estate agent and the seller ? Yes but only if he has a notarial power of attorney otherwise is void

Where I have to pay the deposit ? Never directly to the vendor, it is advisable into a blocked “Bonded Client Account”

There’s a great deal of properties in Galicia so if you think it is expensive keep searching

[Anonymous]

@Dangerman wrote:

this is rural land with a derelict property on it.

Rural as in “rustico”? If so, make sure that the legality of the property is checked out by you/your own independent professional adviser(s). If it’s derelict it is possible you may never (or for a v long time) get permission to do anything with it.
You can carry out quite a few checks yourself online using the Catastro and Registradores websites if you know the Catastral number. Has the agent given you sight of the property’s papers which they MUST by law have in accordance with Decree 218?

[Anonymous]

Very good advice from hillybilly but I have to say that Decree 218/2005 only applies to Andalucia and Dangerman is thinking about buying a property in Galicia or Asturias so we have to check if there is some similar regulation there

[Anonymous]

Royal Decreto 515/1989 de 21 abril. For Galicia, Ley 4/2003 de 29 julio 2003 and for Asturias, Ley 11/2002 de 2 diciembre 2002 I believe.

[Anonymous]

National

REAL DECRETO 515/1989, DE 21 DE ABRIL, SOBRE PROTECCION DE LOS CONSUMIDORES EN CUANTO A LA INFORMACION A SUMINISTRAR EN LA COMPRA-VENTA Y ARRENDAMIENTO DE VIVIENDAS

Andalucia

DECRETO 218/2005, de 11 de octubre, por el que se aprueba el Reglamento de informacion al consumidor en la compraventa y arrendamiento de viviendas en Andalucia.

Ley 7/2002, de 17 de diciembre, de Ordenación Urbanística. Modificada por Ley 13/2005, de 11 noviembre, de medidas para la Vivienda Protegida y el Suelo y por la Ley 1/2006, 12 junio.

Ley 1/1994, 11 enero, de Ordenación Territorial

Galicia
Ley 10/1995, de 23 noviembre, de Ordenación del Territorio.

Ley 9/2002, de 30 de diciembre, de Ordenación Urbanística y Protección del Medio Rural, modificada por Ley 15/2004, de 29 de diciembre

Ley 6/2007, 11 mayo, de Medidas urgentes en materia de Ordenación del territorio y del litoral.

Decreto 28/1999, 21 enero, por el que se aprueba el Reglamento de Disciplina Urbanística para el desarrollo y aplicación de la Ley del Suelo de Galicia.

Ley de la Comunidad Autónoma de Galicia 4/2003, de 29 de julio, de vivienda

Asturias

Decreto Legislativo 1/2004, de 22 de abril, por el que se aprueba el Texto Refundido de las disposiciones legales vigentes en materia de Ordenación del Territorio y Urbanismo. Modificado por Ley 2/2004, de 29 octubre, de medidas urgentes en materia de Suelo y Vivienda.

Decreto 124/2005, 24 noviembre, por el que se varía la distribución territorial señalada en la disposición adicional primera de la Ley 2/2004

[Author]

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