All of the following information is for guidance purposes only and does not in any way replace expert tax and legal advice. Rossitza Hantelmann Real Estate S.L. does not provide legal or tax advice and accepts no liability for the content.<\/p>\n
Although in Germany, as in Spain, the \u201epublic faith\u201c (fe p\u00fablica) in the land register also applies, there are some important differences between the two countries. Firstly, in Spain, anyone who merely expresses a legitimate interest is entitled to access the land register, whereas in Germany only certain authorised persons such as notaries, courts and owners can inspect the land register. In Spain, for example, this legitimises prospective buyers to inspect the land register. Furthermore, the land registers in Germany and Spain differ in terms of content and organisation. In Germany, three sections are entered in the land register - owner, encumbrances and restrictions, mortgages and land charges - and all other extensive information can be found in the master file. In contrast, there is no such distinction in the Spanish land register. Every legal transaction is entered in the register consecutively, which can often lead to confusion. It is important to note that the register plays an extremely important role when buying and selling property in Mallorca: The contents of the publicly maintained register are incontestable. For this reason, you should be particularly careful with seller or estate agent details of the plot of land or property plans etc. handed over, as these are not binding and the values stated there often differ from the details in the register.<\/p>\n
RH-Tip:<\/strong> It is strongly recommended for all prospective buyers of property in Mallorca to consult the Spanish land register before concluding the purchase contract. A shortened basic information extract \u2013 a simple land register extract \u2013 is the \u201enota simple\u201c, which is initially sufficient for purchase security.<\/p>\n The Spanish Cadastre, known as Catastro in Spain, is a public institution where urban plans, as well as drawings and plans of properties, are collected.<\/p>\n The cadastre is important as it forms the basis for the so-called \"valor catastral\", i.e. the cadastral value, and also for estimated values for tax liabilities that are relevant for a property.<\/p>\n RH-Tip:<\/strong> The Spanish land registry differs in the legal binding of property values compared to the registry in Germany! Please read the section on the Spanish land register in detail for this.<\/p>\n The reason for concluding an option agreement is a legally binding agreement between a property buyer and the property owner. This preliminary contract is not legally mandatory in Spain, but it is the norm in practice.<\/p>\n Firstly, the contract offers the possibility to use the time until the notarisation to prepare all necessary documents or, for example, to apply for financing. Secondly, both parties generally need time to prepare for a possible move, as in Spain, unlike in Germany, the handover of the property takes place directly at the notary appointment.<\/p>\n The option agreement should not be understood literally as a promise of an option in the German legal sense, as it does not create a binding legal transaction in the real property law sense. It is rather a deposit agreement that makes the purchase promise binding for both parties, in which a deposit on the purchase price (usually 10%) is transferred by the buyer to a notary's escrow account, and all essential elements such as the latest notary appointment, obtaining necessary documents and other agreements regarding the purchase contract are regulated.<\/p>\n Should either party fail to abide by this contract, this deposit must be paid to the other party as liquidated damages.<\/p>\n If all the conditions for the legally valid purchase of the property have already been created, the conclusion of an option agreement can also be waived and the purchase can be legally completed directly before a notary with the corresponding issuance of the sale agreement.<\/p>\n RH-Tip<\/strong>The conclusion of a deposit agreement is highly recommended. This should be drawn up or checked by a specialist lawyer for property law. The designation \u201eoption agreement\u201c should be strictly avoided, as such an agreement can later entail tax-relevant disadvantages (real estate transfer tax!).<\/p>\n What is a N.I.E. number? N.I.E. is an abbreviation for N\u00famero de Identidad de Extranjero and means Identification number for foreigners<\/strong> (or Foreigner Identification Number). The NIE is your multi-purpose identification and tax number in Spain.<\/p>\n RH-Tip<\/strong>If you have sufficient time before purchasing a property, apply for your N.I.E. at the relevant Spanish Consulate near you. This is usually possible by completing an application form and paying a small fee.<\/p>\n If you have already found a property to buy and do not yet have an N.I.E. (Spanish tax identification number), speak to us \u2013 we will connect you with a reliable, fast service partner who, for a fee, will efficiently and smoothly obtain your Spanish tax number for you.<\/p>\n The certificate of habitability (c\u00e9dula de habitabilidad) is a necessary and important document for all property sales and purchases. If it is not present, the notary may not certify the deed.<\/p>\n RH-Tip<\/strong>There are many property owners in Mallorca who did not apply for this document in the past. However, a new application is possible \u2013 contact us for support.<\/p>\n The Energy Performance Certificate \u2013 Certificado de eficiencia energ\u00e9tica \u2013 is mandatory in Mallorca for sales and rentals. The legal basis for this has also been in Spain since 1 June 2013, based on Royal Decree RD 235\/2013, a European consumer protection law (EC Directive 2002\/91\/EC), according to which every property that is sold or rented must have an energy certificate.<\/p>\n RH-Tip:<\/strong> When offering a property, please ensure that the energy performance certificate is available. A property may not be offered for sale without an energy certificate.<\/p>","protected":false},"featured_media":10465,"template":"","meta":{"_acf_changed":false},"categories":[207,212],"class_list":["post-10464","ratgeber","type-ratgeber","status-publish","has-post-thumbnail","hentry","category-immobilienwissen-kaufberatung","category-recht-steuern"],"acf":[],"yoast_head":"\n