In this section we shall include questions that our clients ask themselves frequently. The purchase or sale of a property, the community of neighbors entrusting the property to an administrator, hiring insurance, etc., are not activities that are done daily. Consequently, it is prudent to seek advice and search online.
We seek to be of help to these clients, knowing that our function as a real estate agency is not to save the information if we do not share it.
The community of owners legally exists from the moment that there is a deed of horizontal property, although it does not meet formally. This means that the responsibility of the community exists in case of damage, so the recommendation is to formalize the constitution of the community and reflect in the minute book all the events and decisions that are made.
All community expenses must be paid according to the quota unless the bylaws stipulate another way to participate in the expenses. In this case, if the elevator is a common element, all owners must contribute to its maintenance, unless the bylaws determine otherwise. And this is because all owners have access to this common element, regardless of whether they use it or not. The fee is regulated by art. 553-3 of the Catalan Civil Code, in its Law 5/2015, of May 13.
Currently, in Spain you can not insure vehicles with foreign registration. We advise clients who decide to establish their residence in Spain, that they request the change of registration within a maximum period of 6 months in order to benefit from the tax exemption. If the change of registration is not linked to the residence, vehicles older than 10 years do not pay the registration tax either.
To insure a Spanish registration vehicle, Axa accepts to apply up to 40% of the foreign bonus as long as the documents proving it are provided (bonus certificate, copy of the policy of the country of origin and proof of payment of the premium).
Legally, home insurance is not mandatory however it is advisable to hire it. You could list a multitude of situations in which the insurance policy is necessary. To mention some case, if a loss occurs inside the home. Communities usually ensure the building (or a large percentage of it) but in no case the contents of each apartment. Also, if there is a loss for which the owner of the home is responsible, the latter will be liable for the damages caused to third parties.
The community must undertake a monitoring procedure (provided for in the Horizontal Property Law), or an ordinary procedure, depending on the amount. The procedure is presented before the court of 1st instance of the place where the property is located. The president is empowered, by law, to present this procedure before the courts, although it is normal for him to be represented by a lawyer and attorney. If the administrator is a lawyer (as in the case of Cervera & Cervera) and is authorized by the community, he can also present the procedure, with the advantage of knowing the neighbors and being able to give the best explanations to the assembly.
The receipts to be paid to the community depend on the budget that the community assembly approves in each of its general assemblies, based on the historical expenses and the forecast of maintenance expenses. Other receipts can be generated if there are extraordinary spills or for urgent and unforeseen works (and that due to urgency do not allow the holding of extraordinary assembly).
The commercial premises participate in the life of the community according to the respective community coefficients. In general, these coefficients are lower than those of the houses, since they are usually excluded from several costs, and only participate in general expenses of the community.
If there are problems with the building, first we need to check if the age of the building (date of end of work) is less than 10 years. In this case, the builder and the ten-year guarantee can have their influence. In any case, the administrator is the person in the best position to know the incidents and problems of construction of the building and to be able to contact the necessary players in order to solve the incidents, reporting to the president of the community, as well as to the assembly at its annual meeting.
If there are cases of construction problems, our recommendation is to have the advice of a technical architect of the community, who gives his point of view on the origin of the incident and how to solve it in the best possible way.
The purchase of a home is a process that requires careful thought. On the one hand, there are the most rational issues (documentation, real market values, guarantees that one will not suffer a deception, etc.). And on the other, the most subjective aspects: unless it is a short-term investment, you also need to “fall in love” with the property.
From the agency Cervera & Cervera, we take care of the first part: we have specialists with a lot of experience who will advise you and ensure a clean and free of deception process.
You only have to focus on the second: what are your needs and what are the priorities at the time of starting the search? A home is a long-term investment, therefore you must take into account factors such as the area, the type of property, some features such as the number of rooms, bathrooms, if you need a garage, storage room, does it need to be in good condition or do you accept one that need to go through refurbishment… When it comes to buying a home it is very important to be clear about the budget available, since the search is based on this.
We have a very broad portfolio of homes in different areas. We will visit several houses until we find
the one that best fits your criteria. Once found, the agency Cervera & Cervera will take care of all the procedures and manage all the taxes.
The sale of a property is not something that you do every day. Therefore, it is important to seek information and advise. One of the first steps will be to fix the price of the house. For that, it is necessary to make an appraisal, which takes into account the market situation, the area in which the house is located and its characteristics.
Then, it will be necessary to announce the sale of the property. The agency Cervera & Cervera has different options, both online and offline (specialized publications, the shop windows of the Empuriabrava and Roses offices, the classic poster, etc.). In the agency we also take care of the potential buyers and show them the house.
So that the operation does not present surprises, we ask the seller for the necessary documentation. Much of this documentation, if it does not exist, can be obtained by us:
Deed of sale or simple note of the Property Registry.
Last receipt of the IBI (real estate tax).
Copy of the documentation (DNI or NIE) of the seller.
Energy efficiency certificate (if you do not have it, the Cervera & Cervera agency will take care of it through its technical architect).
Certificate of habitability (if you do not have it, the agency Cervera & Cervera will take care of it through its technical architect).
Certificate of being up to date with payment in the community of owners.
Certificate of outstanding debt, if a mortgage loan weighs on the home.
Once a buyer has been found, a contract of sale and public deed is signed before a notary. The deed is necessary to register the home in the Property Registry and officially record the change of ownership. The agency Cervera & Cervera deals with all these procedures and also deals with managing all the taxes of both the seller and the buyer.
This is probably the greatest distrust that occurs when one is going to disburse a large amount of money: having the doubt of whether the seller will deliver the property in proper condition, if the property is “clear” of debts, etc.
Fortunately, we have a few tools that allow us to limit and virtually eliminate the risk (we can never eliminate the risk at 100%, but this keeps it at more than tolerable levels and, more importantly, safeguards the rights of the buyer).
If you use the professional services of an expert in the sector, such as the Cervera & Cervera agency, you will achieve peace of mind and concentrate on other purchasing decisions. At the agency, we will make sure that the property is registered, without charges or encumbrances, that the documentation is in order and that you will not have any problem when registering your property in the Property Registry.