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How to buy real estate in Spain
Location of the real estate property
Each plot of land containing your chosen property has its own characteristics, in relation to its physical location within the total land area delineated by a town or city (municipality), which defines it from a municipal zoning point of view. This means that the ultimate use of the land is predetermined (e.g. building with x stories, single- family home with a maximum number of two stories, green area, road, ecosystem, reservation, maritime zone excluding building, etc.). Therefore, a first step would be to investigate what is the municipal zoning of the land one has chosen, this can be undertaken at the local Town Hall.
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Obviously if one purchases, for example, a 4th floor resale, in a building located in an urban center, which was built many years ago, the investigation regarding municipal legality would most likely be superfluous, as it would be practically impossible that such real estate property would exist unofficially, or that it is violating the municipal zoning laws. But in this case, it would be advisable to investigate the planned use of the area such as future surrounding developments.
If the plot of land has a property under construction or recently built, and generally with new developments, as well as with rustic land or land with a low building density, it is essential to get information about its municipal zoning in order to determine whether or not the planned use for such property is compatible with the purchaser´s plans.
A separate consideration should be taken with regard to the land adjacent to the seashore. Additionally, with regard to these types of properties, one should consult with another official body i.e. Demarcación de Costas (Coastal Authorities) whose offices are located in the provincial capital, as it controls planning permission for coastal zones.
Meanwhile, the planning information provided by the Town Hall will inform the purchaser whether or not the plot in question is located in such as zone. An advisable additional step that should be taken is to obtain a report from the Demarcación de Costas, to protect the purchaser who in the case of dispute between the two authorities, would find the Coastal Authorities' decision rules.
Ownership of the real estate property in Spain...
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