What constitutes the escritura paperwork in Spain

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Calahonda52
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What constitutes the escritura paperwork in Spain

Postby Calahonda52 » Mon Mar 04, 2013 11:58 am

Just opened the paperwork re our purchase in 2003 as we need to meet the decree 218 requirements for putting our place up for sale.

there is only one piece of paper with our names on it:
entitled
Registro de la Propiedad numero dos de Mijas
and refers to
la inscription
en el tomo
libro
folio
finca registral numero


all of which have numbers after them.

The page is signed/stamped by the Registrador in Mijas

The selling agents will produce the NOTA SIMPLE INFORMATIVA so we wonder what else we need to send them from the papers we have, all of which relates to the previous owner.

We know about the other stuff such as IBI etc, its just what constitutes the escritura paperwork.

Many thanks

Beachcomber
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Re: What constitutes the escritura paperwork in Spain

Postby Beachcomber » Mon Mar 04, 2013 5:46 pm

The escritura is the title deed of the property and will consist of a folder of about eight pages or more detailing the property and ownership etc.

If you do not have it you can obtain a second copy for a fee from the office of the notary who originally granted it.
Let's go Brandon!

Calahonda52
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Re: What constitutes the escritura paperwork in Spain

Postby Calahonda52 » Mon Mar 04, 2013 9:37 pm

Thanks BC:
I have the folder of which you speak: each page has a sequential number on it as well as a 15 cent 'stamp'.

the first section-12 pages-looks like a sworn document which describes the folks from whom we bought, as well as describing us and it includes the price we paid. it also shows what the seller owed to whom.

Of what relevance is that information to the selling agent we have engaged?

The next 2 sided page is the Nota Simple Informativa which has all the property details, with the seller, to us, shown as the owner.

Again what business is that of our selling agent?

The next face page is the old owners IBI details.
the back of it is a certificate from the bank detailing the amount we transferred from Ireland and the net amount paid to our lawyers as the purchase price before vat.

The next face page is related to registration, by fax, by the sellers notary, with the back of it describing the sequential numbering system for this pack.

the next page has the face side deliberately left blank
[ este folio en blanco se sella y rubrica solo a los efectos de lo dispuesto en al articulo 241 del regalamento notarial ]

the back of it has the details alluded to in my first post.

Registro de la Propiedad numero dos de Mijas
and refers to
la inscription
en el tomo
libro
folio
finca registral numero

---
Am I oblige3d to give all of this stuff to the selling agent who will then show it to all and sundry?

Thanks

gus-lopez
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Re: What constitutes the escritura paperwork in Spain

Postby gus-lopez » Tue Mar 05, 2013 10:48 am

All & sundry can obtain most of it anyway.
A new Nota Simple would be required anyway to confirm that there are noliens, debts ,ect that have been place on the property + when you do sell the buyers solicitor should obtain yet another one within an hour or so before the signing at the notary to ensure the seller hasn't slipped in a little debt or an embargo has appeared !
Anyone can obtain one of these as long as you have a few details of the property in question.

It is common for a copy of the escritura (deeds ) to be provided. The estate agent & anyone looking to buy wants to know what the deeds actually state as being sold . Is there a house shown on the deeds ? What amount of land is detailed ? What & where are the boundarys ? Does anyone have right of access , etc; etc; etc.
It is not uncommon for the " house" to actually be a "nave".

This part
" Registro de la Propiedad numero dos de Mijas
and refers to
la inscription
en el tomo
libro
folio
finca registral numero"
shows it is a registered finca & this info is easily obtainable via the catastral online system .
There isn't really much that isn't in the public domain.
These days most decent estate agents all ask for these details as they can ensure that the property actually exists, is legal , all details are correct & no hidden surprises are going to pop up down the line so wasting everyones time & money .Any that don't should really be avoided.
Todos somos Lorca.

jhonie99
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Re: What constitutes the escritura paperwork in Spain

Postby jhonie99 » Tue Mar 05, 2013 11:13 am

All the agent needs is the Nota Simple.

Make the escritura available in your house for perusing by interested or serious buyers.

It might be a case that the agent wants to ensure that you have the escritura in your possession.

John & Kath
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Re: What constitutes the escritura paperwork in Spain

Postby John & Kath » Tue Mar 05, 2013 12:34 pm

Calahonda52 wrote:Just opened the paperwork re our purchase in 2003 as we need to meet the decree 218 requirements for putting our place up for sale.
Could you scan and post a copy of the REQUIREMENTS or provide a link. I have spent a considerable time since we completed our casa putting together a file of documents that we should have and I think I am only outstanding the electricity Boliten since the builder says that the only copy he had was given to Endesa and there is no copy with the electrical subbie or on his files. If I have got this right 218 refers to the legal requirements to provide certain documentation to aid the sales process a sort of sellers pack. I understand that to comply with EU rules Spain has now introduced a report on the energy efficiency of your house as well.
COSTA ESURI RESIDENTS ASSOCIATION

http://costaesuriresidentsassociation.yolasite.com/

alpujarran
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Re: What constitutes the escritura paperwork in Spain

Postby alpujarran » Tue Mar 05, 2013 9:41 pm

I know of quite a few people who went to the notary, did the escritura bit and never got round to registering the catastral (like the land registry) in their names. I know that a good solicitor should sort this out - but they're not all that good. I suppose technically you may be able to sell a house without it - but it wouldn't do any harm to check. You can do it yourself online with a DS.

Calahonda52
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Re: What constitutes the escritura paperwork in Spain

Postby Calahonda52 » Sun Mar 10, 2013 10:50 pm

John & Kath wrote:
Calahonda52 wrote:Just opened the paperwork re our purchase in 2003 as we need to meet the decree 218 requirements for putting our place up for sale.
Could you scan and post a copy of the REQUIREMENTS or provide a link. I have spent a considerable time since we completed our casa putting together a file of documents that we should have and I think I am only outstanding the electricity Boliten since the builder says that the only copy he had was given to Endesa and there is no copy with the electrical subbie or on his files. If I have got this right 218 refers to the legal requirements to provide certain documentation to aid the sales process a sort of sellers pack. I understand that to comply with EU rules Spain has now introduced a report on the energy efficiency of your house as well.
http://www.sunsetproperties-spain.com/i ... 18,90.html

may help
http://www.vipalmeria.com/decree-218.html has a pdf with the english version

Calahonda52
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Re: What constitutes the escritura paperwork in Spain

Postby Calahonda52 » Sun Mar 10, 2013 10:58 pm

alpujarran wrote:I know of quite a few people who went to the notary, did the escritura bit and never got round to registering the catastral (like the land registry) in their names. I know that a good solicitor should sort this out - but they're not all that good. I suppose technically you may be able to sell a house without it - but it wouldn't do any harm to check. You can do it yourself online with a DS.
what is a DS please: dog sleigh perhaps

gus-lopez
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Re: What constitutes the escritura paperwork in Spain

Postby gus-lopez » Mon Mar 11, 2013 8:22 am

Digital certificate.
Todos somos Lorca.


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