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Property Alhaurin

Information

Buying and Selling

At Property Alhaurin we take seriously our goal to be the standard bearers of our trade, and on that basis we make the following customer pledges,

The Valuation

We will undertake to give a fair market appraisal, based on taking into account the Seller’s circumstances, current market conditions and demand. We will also advise on the saleability of a property and support our valuation, where possible, with information on comparative properties.

All valuations will be stated verbally and then confirmed promptly in writing.

Marketing a Property

After receiving a signed terms of business from the Seller, we market a property until a sale is agreed. Marketing will take the form of any, of a combination of, the following: press advertising; window displays; mailing and phoning out; inclusion in Andrews’ property bulletin; ‘for sale’ board; and the Internet.

We will also prepare an accurate set of property details, approved by the Seller and complying with Property Mis descriptions Act. These details will be distributed to interested buyers.

To avoid any delay in the active marketing of a property, we may distribute draft details until the Seller approves the final details, unless instructed otherwise by the Seller.

Handling Offers

Our primary responsibility remains, at all times, to our Seller client, while retaining a duty of care and giving fair treatment to all prospective Buyers.

We have a legal obligation to forward, in writing, all offers to the Seller, which we receive for a property.

We will also tell the Seller verbally of all offers, within 24 hours of receiving them, where possible. We will also confirm to the Buyer, in writing, that we have put forward their offer.

When receiving an offer, we will ask the Buyer how they intend to fund the purchase, the source and the amount of any loan, and if they are dependent on the sale of another property and the status of that sale. With the Buyer’s consent we will pass on this information to the Seller in good faith.

Accepting an Offer

It is always a Seller’s decision and not ours to whom and at what price a property should be sold. It is also the Seller’s decision – and not ours – as to whether a property remains on the market for sale following acceptance of an offer. We will, however, offer the Seller information and advice. We will also inform the Buyer of the Seller’s decision.

Following acceptance of an offer, subject to contract, either party (the Seller or Buyer) can renegotiate the price or indeed withdraw until contracts have been exchanged.

Communication

We recognize that being kept informed is vitally important to the Seller. We will therefore provide the Seller with a named point of contact to ensure continuity of communication. This contact may change from time to time.

We will also provide feedback on viewings, as agreed with the Seller at the point of instruction, and will expect to update the Seller on general progress at least every 10 days.

Once a sale has been agreed, it is the responsibility of the Seller’s and Buyer’s solicitors to keep their clients informed of progress and protect their interests. Accordingly, during this phase, our role will be to pass on any information or provide guidance, as appropriate, to help bring the transaction to a satisfactory conclusion.

We can help you with this

The passing of Decree 2/2012 by the Junta de Andalucía, which is intended to regularize and recognize the situation of the properties located on land designated as rustic land (suelo no urbanizable), by means of an administrative certificate stating the legal situation of the property. We need to clarify that this certificate was only applicable to properties situated on rustic land. Though this seems to be changing.

Further to the passing of the above Decree, all the different town halls have drawn up their own regulations for the issuing of this certificate and the tax to pay to obtain the certificate. However, the drawing up of the regulations has taken longer than they thought. At the moment, most town halls are in a position to deal with the requests received for this kind of certificates. The tax to pay to obtain this certificate varies depending on the town halls in question, and the difference can be important depending on the municipality where the property is located.  The taxes range from 2.5% to 6% of the cost of the build.

To request this certificate to the town hall, you have to present a certificate issued by a qualified technician, after he has visited the property, measured it, and obtained confirmation about certain technical issues related to the property. To summarize, the content of this certificate implies the following:

– Confirmation that there is no administrative files on the part of the town hall against that construction (or any sanctions or demolition requests for that matter)
– Confirmation that any possible town planning irregularities that may have been incurred have already prescribed.
– Confirmation that the construction complies with the minimum requirements established as far as habitability and health conditions are concerned.
– Confirmation on the kind of works that can be carried out at the property: only renovation works.
In no case extension or structural works.

Actually, this AFO Certificate does not change the legal situation of the property, or add any extra rights to the existing ones.
That is to say, the construction which complies with the above and is duly registered, does not become “more legal” by obtaining this document.

However, this document will be from now on the written confirmation by the town hall in relation to the situation of properties on rustic land.
Furthermore, utility companies (water and electricity) are requesting this document when receiving applications for connections and similar procedures.
Likewise, should a license to carry out renovation works on an existing property be applied, town halls are also requesting to see the AFO certificate before they can issue the requested license.

All in all, although this certificate does not change the legal situation of the property, it is becoming a common practice to obtain this certificate as part of the purchase transactions. Hence, it is advisable to obtain this certificate for future procedures.

We can find the case of properties which are fully registered and have been legal for many years, and the possible purchaser may request this new certificate to complete the purchase.

It is difficult to say how long the town hall will take to issue this new certificate, and it may vary from one town hall to another. This may cause a delay on some real estate transactions.

I trust the above information was useful to you and helped you understand what this type of certificate involves, and which is talked about a lot within the rustic real estate section (houses in the countryside).


The Law In Andalucía Regarding The Sale Of Properties

Recent changes in Andalucía and Spanish law requires that Estate Agents involved in the sale of properties in Spain to comply with certain regulations. We at Property Alhaurin work to ensure that all the properties offered for sale by us comply with these regulations. A brief outline of the regulations is translated below; however should you wish to read the full Spanish document, we would be happy to provide it in electronic or printed form.

General Provisions

Decree 218/2005 dated 11th October, which ratifies the Regulation of information provided to consumers in the purchase and rentals of homes in Andalucía.

The 13/2003 Law dated 17th December for the Defence and Protection of Consumers and Users in Andalucía, states in Section 4 that the consumers’ rights consist in ”the protection, acknowledgement and carrying out of their legitimate economic and social interests” as well as their right to be provided with “accurate, sufficient, understandable, unmistakable, and rational information concerning transactions and the usable goods and services, in accordance to the regulation in force”.  The link between both rights is clear, and a proof of that can be found in the property market.

The purchase or rental of a property cannot be considered solely as an everyday activity, but can also trigger meaningful consequences in the consumers’ financial situation. In this context, the aim of this regulation is to reach further transparency in Andalucía’s property market by providing consumers with full information, enabling them to make better decisions, and thus allowing them to benefit from the protection of their financial interests.

The consumers’ right to receive accurate, sufficient and clear information corresponds to Section 17 of Law 13/2003 dated 17th December, which highlights the obligation of those individuals who are responsible for the production, commercialization, distribution and sales of goods or their provision of services. But the legislator himself is aware of the property market’ s importance to consumers, which is why in the second section of the aforementioned rule he states that ”the obligation of informing those who we have referred to in the previous section will be a requirement in the property trade that takes place in the Autonomous Region of Andalucía.

Its objective is to make consumers clearly and objectively understand issues such as the quality and the preparation of construction material, work segments and the setting up of different types of services, whether for private or communal use, as well as the instructions for use, maintenance and preservation”. This is exactly what this Regulation aims to bring forward.

Until now, users have been informed about the purchase and sale and rental of properties through the Royal Decree 515/1989 dated 21st April, which safeguarded them by providing them with information about the aforementioned transactions. However, over the years, defects and inadequacies were detected in it, resulting in the approval of this Regulation in the Autonomous Region of Andalucía, without prejudice to the maintenance of the basic precepts established on a nationwide level.

This regulation is being passed complying with the rule that was established in Section 16.a) of the Law 13/2003 dated 17th December, which stated that the public administrations in Andalucía would have to adopt efficient measures towards “providing consumers with all kinds of information regarding the matters and aspects that involve them or directly interest them, particularly in relation to the construction of houses”, This entails an effort to clarify the scope of the informative duties of those who offer, promote or advertise the sale or rental of properties, whether operating in a business or professional capacity, or even as intermediaries.

This is why the length of this ‘information is distinctive and proportionate to the circumstances of this case and includes: advertising, offers or promotions directed at consumers in general; Documento Informativo Abreviado (Brief Informative Document) for the sale of off-plan houses, Documento Informativo Abreviado for the sale of new-build houses, etc.

One of the main new points that this regulation introduces is the requirement for those who offer a property for sale or rental to possess a Documento Informativo Abreviado (Brief Informative Document). The content of this document will differ according to whether it is for the sale or rental of a property, and should it be the sale of one, whether it is a house in its planning phase, under construction or already built. All of this has been executed with precision, intending to solve the problems that used to arise from the interpretation of the previous regulation with the following: in the sales and purchase transactions, a free copy of these Informative Documents should be handed out to any person who requests information regarding a property.

A simple enquiry about a property, without having to request the complete file, is reason enough to grant the consumer his right to be given a copy of the corresponding document. This is considered as the only way to effectively safeguard the consumers in this field.

One of the other notable modifications in this regulation is the one concerning the information to be handed out for second and subsequent transfers of the property. The importance of the resale market – which is sometimes even higher than the new-build property market – contrasted with a lack of rules in this area regarding the consumers’ right for obtaining information.

This is the aspect that Section 10 of this current Regulation attempts to correct. The rule aims to regulate the informative duties of individuals and corporate bodies operating in a business or professional capacity who usually intervene in this type of purchase and sale transactions. All of this intends to guarantee a minimum quality standard in the provision of these services, and give consumers access to essential information that ought to be provided by those who work in this business field, since it is an important part of their services.

Finally, the current Regulation, as a cautious measure, has set up penalties to deal with any possible breaches that may take place.


If you have a Property that you wish to Sell, Rent or Exchange, then we have provided this online form for you to fill in and submit and we will list it on our website.

BEFORE WE CAN LIST YOUR PROPERTY FOR SALES WE REQUIRE THE FOLLOWING PAPERWORK FROM ALL OWNERS:-

COPIES OF

1)    Copy of  Escritura and Nota Simple for the property of sale or rent

(Nota Simple Renewed to be renewed every 3 months)

2)     Copy of IBI (House tax) last paid

3)     Copy of Annual Community fees (or amount)

4)     Copy of all utility Bills: telephone, electricity & water

5)     Details of Mortgage, monthly payments, terms & conditions if applicable.

6)     Copy of Owners Identification

7)    Copy of  Energy Certificate

All you need to do in addition is to send us some suitable photographs of your Property.

Energy Performance Certificates (EPC’s) or as they are properly called, Certificado de Eficiencia Energética (CEE), are documents which will show how energy efficient your home is displayed as a rating from A to G. Much like the stickers you see on things such as fridge freezers, washing machines or air conditioning units, the energy performance certificate in Spain  gives the property a standard energy and carbon emission efficiency grade from ‘A’ to ‘G’, where ‘A’ is the most efficient and ‘G’ is the least efficient.

Who Needs an Energy Performance Certificate in Spain?

After 1st June 2013 every domestic property for sale or long term rent needs to have an Energy Performance Certificate in Spain, This does not apply to properties that are currently rented out on a long term basis. These only require an Energy Performance Certificate when a new tenancy is agreed 

Are there any exceptions?

If you have a long term tenant in place you do not need an Energy Performance certificate in Spain. If Your property was built after October 2007 you may find that you already have a Spanish Energy Performance Certificate. To check this look on your plans to find the architect and contact them.  Likewise if you only rent your property out on a short term basis such as holiday rentals you may not need an EPC in Spain. Please contact us for further details.
  

Will I be able to rent or sell my house without an EPC in Spain?

No after 1st June 2013 you will be required by law to present your Energy Performance Certificate in Spain when your property is for sale or long term rent. When you sell your house the Notary will need the original EPC and when you rent your house in Spain the tenant will have to be given a copy of your Energy Performance Certificate in Spain. 

When will this come into effect?

The law was formalized on the 5th April 2013 and will take effect on the 1st June 2013. You will be expected to comply as soon as possible after this date. This applies to properties currently offered for sale or new rentals and for properties new to the market. Whether your property is for sale or rent you will have to have a Spanish Energy Performance Certificate in place before your property can be advertised. This does not apply to current long term rentals. If you already have a long term tenant in your property then you do not need the EPC in Spain until you have a new tenancy.

Who can issue the Energy certificate in Spain?

Only certified and registered assessors are able to issue the Energy Performance Certificate in Spain. . Our  engineers registration numbers is. 

Ingeniero Tecnico Industrial

Colegiado Nº 4258

 

How can I get an Energy Performance Certificate for my property?

Property Alhaurin can organize it for you or you will need to contact a registered assessor who will be able to assist you in getting your Energy Performance Certificate in Spain. 
We have registered assessors and are able to issue the EPC in Spain

How much does an EPC cost in Spain?

The cost depends on the size of your property so you would need to contact a registered assessor for further information. We believe our prices are currently the best on the market. If you find a company who beats our prices then let us know so we can try to at least match them. Payment is due once the Energy certificate has been issued. You do not need to pay in advance for your Energy Performance Certificate in Spain

Who has to pay for the energy certificate?

Ultimately the owner of the property will have to pay for the Energy Certificate here in Spain

What if I get a low rating on my EPC?

Along with your Energy Performance Certificate in Spain, you will get a report giving advice about how to improve your properties energy rating. . The report will recommend cost effective measures which could be undertaken to improve the energy rating of the property. It will also contain information about the rating that could be achieved if all the recommendations were implemented.

Why have Energy Performance Certificates been introduced?

The EPC has its roots in the Kyoto Protocol which was a worldwide initiative started in 1997 to address the issue of Greenhouse gases. Since then the European Union have formulated the European Directive for the Energy Performance of Buildings, which applies to all member states with a clearly defined timetable of the measures we must introduce. An Energy Performance Certificate (EPC) is a certificate which demonstrates the energy rating of a building. It forms part of the ‘Energy Performance of Buildings Directive’ (EPBD)

How is the rating on my EPC in Spain worked out?

A Registered energy assessor will visit your property and take measurements and recordings from things such as your air conditioning, your hot water system, type of windows fitted, type of insulation, type of construction etc.  The readings taken will then be entered on line into one of the Governments approved programmes which will generate the rating for your property giving its energy efficiency and environmental impact. The programmes used are the same for all properties so a potential buyer or tenant will be able see the projected energy costs for each property viewed. Your Energy Performance Certificate in Spain will be registered to the Catastral reference for your property. 

 

Do I need an EPC if I only rent my property out for holiday lets?

Yes in general, you do still need an EPC in Spain even if you only rent your property out for holiday lets, although there are exceptions. 

What if I rent my property out through an agent?

Either you or your agent will need to get a Spanish Energy Certificate for your property for long term rentals or sales. An agent will not be legally allowed to offer your property for long term rent or sale without a certificate.

Can I advertise my property without an Energy Certificate?

No as from 1st June 2013 you will need an Energy Performance Certificate in Spain to be able to advertise your property for sale or rent.

How Long Does The Energy Performance Certificate Last For in Spain?

The Energy Performance Certificate in Spain lasts for 10 years.

What if I make changes to my property in Spain?

You can have your property re assessed at any time during the period your EPC in Spain is in date

What if I have an existing tenant

If you have an existing long term tenant you do not need an EPC in Spain. However when you issue a new tenancy agreement you need the EPC for the incoming tenant.

Can I get in Trouble If I do Not Get an EPC?

 

The government have said they will fine people that have a property for sale or rent that does not have an “EPC”. Fines of between 3000 and 600,000 Euros can be given to anybody who needs an EPC (CEE) who does not have one. This includes agents as well as private individuals.   


Renting and Letting

            

 

Letting a property can provide one of the most stable forms of investment. If you already have a property, letting is flexible and reliable. While a property is being let its value changes in line with property prices, and at the same time provides you with a regular monthly income.

 

If you’re looking for an agent that…

 

• Gets your property marketed effectively 

• Prides itself on openness and honesty 

• Is recommended by its current clients 

• Has opening hours to fit around you 

• Has access to thousands of tenants 

• Invests in experienced, qualified staff 

• Has branches in all the right places 

• Offers the complete service under one roof 

• And is passionate about what it does

 

You’ll want to take a closer look at Homes-4-u-Spain

 

…because we know more than most about the rental market            

 

 

We started our lettings business in 1998. Since then we’ve learnt a lot about the rental market. And it shows. Today, landlords trust us to find them the best tenants, take care of their properties and give them a better, more professional service.

 

…because we’ll get your property seen by the right people at the right time

 

Void periods can be costly for landlords, so it’s important that quality tenants find your property quickly. With our proactive approach, email alerts and our website updated daily, we’ll make sure they do.

 

…because tenants register with us every day

 

Whatever the type of property you own, we’ll find you a quality tenant to rent it. Hundreds of tenants register with us every day, so you’ll be spoilt for choice. Take your pick.

 

…because we’ve got nothing to hide

 

We know that no one likes hidden costs. So when we say how much letting through us will cost, that’s exactly how much it will cost. And there’ll be no surprises either — because we’ve got nothing to hide. 

 

Thinking about letting your property? Talk to us first.

Recent changes in Andalucian and Spanish law requires that professionals involved in the sale of properties in Spain comply with certain regulations. We at Allan Ballard Consultants work diligently to ensure that all properties offered for sale by us comply with these regulations. A brief outline of the regulations is translated below, however should you wish to read the full Spanish document, we would be happy to provide it in electronic or printed form.

 

General Provisions

 

Decree 218/2005 dated 11th October, which ratifies the Regulation of information provided to consumers in the purchase and rentals of homes in Andalucía.

 

The 13/2003 Law dated 17th December for the Defence and Protection of Consumers and Users in Andalucía, states in Section 4 that the consumers' rights consist in ''the protection, acknowledgement and carrying out of their legitimate economic and social interests" as well as their right to be provided with "accurate, sufficient, understandable, unmistakable, and rational information concerning transactions and the usable goods and services, in accordance to the regulation in force". 

 

The link between both rights is clear, and a proof of that can be found in the property market.            

 

 

 

 

The purchase or rental of a property cannot be considered solely as an everyday activity, but can also trigger meaningful consequences in the consumers' financial situation. In this context, the aim of this regulation is to reach further transparency in Andalucía’s property market by providing consumers with full information, enabling them to make better decisions, and thus allowing them to benefit from the protection of their financial interests. 

 

The consumers' right to receive accurate, sufficient and c1ear information corresponds to Section 17 of Law 13/2003 dated 17th December, which highlights the obligation of those individuals who are responsible for the production, commercialisation, distribution and sales of goods or their provision of services. But the legislator himself is aware of the property market' s importance to consumers, which is why in the second section of the aforementioned rule he states that ''the obligation of informing those who we have referred to in the previous section will be a requirement in the property trade that takes place in the Autonomous Region of Andalucía.

 

Its objective is to make consumers clearly and objectively understand issues such as the quality and the preparation of construction material, work segments and the setting up of different types of services, whether for private or communal use, as well as the instructions for use, maintenance and preservation". This is exactly what this Regulation aims to bring forward. 

 

Until now, users have been informed about the purchase and sale and rental of properties through the Royal Decree 515/1989 dated 21st April, which safeguarded them by providing them with information about the aforementioned transactions. However, over the years, defects and inadequacies were detected in it, resulting in the approval of this Regulation in the Autonomous Region of Andalucía, without prejudice to the maintenance of the basic precepts established on a nationwide level. 

 

This regulation is being passed complying with the rule that was established in Section 16.a) of the Law 13/2003 dated 17th December, which stated that the public administrations in Andalucía would have to adopt efficient measures towards "providing consumers with all kinds of information regarding the matters and aspects that involve them or directly interest them, particularly in relation to the construction of houses", This entails an effort to clarify the scope of the informative duties of those who offer, promote or advertise the sale or rental of properties, whether operating in a business or professional capacity, or even as intermediaries. 

 

This is why the length of this 'information is distinctive and proportionate to the circumstances of this case and includes: advertising, offers or promotions directed at consumers in general; Documento Informativo Abreviado (Brief Informative Document) for the sale of off-plan houses, Documento Informativo Abreviado for the sale of new-build houses, etc. 

 

One of the main new points that this regulation introduces is the requirement for those who offer a property for sale or rental to possess a Documento Informativo Abreviado (Brief Informative Document). The content of this document will differ according to whether it is for the sale or rental of a property, and should it be the sale of one, whether it is a house in its planning phase, under construction or already built. All of this has been executed with precision, intending to solve the problems that used to arise from the interpretation of the previous regulation with the following: in the sales and purchase transactions, a free copy of these Informative Documents should be handed out to any person who requests information regarding a property. 

 

A simple enquiry about a property, without having to request the complete file, is reason enough to grant the consumer his right to be given a copy of the corresponding document. This is considered as the only way to effectively safeguard the consumers in this field. 

 

One of the other notable modifications in this regulation is the one concerning the information to be handed out for second and subsequent transfers of the property. The importance of the resale market - which is sometimes even higher than the new-build property market - contrasted with a lack of rules in this area regarding the consumers' right for obtaining information. 

 

This is the aspect that Section 10 of this current Regulation attempts to correct. The rule aims to regulate the informative duties of individuals and corporate bodies operating in a business or professional capacity who usually intervene in this type of purchase and sale transactions. All of this intends to guarantee a minimum quality standard in the provision of these services, and give consumers access to essential information that ought to be provided by those who work in this business field, since it is an important part of their services. 

 

Finally, the current Regulation, as a cautious measure, has set up penalties to deal with any possible breaches that may take place.