Real estate and mortgages

Pérez Juan Notary Office

At our notary's office, we know that buying a property or taking out a mortgage are important decisions in your life. That is why we offer you all the information and advice you need to make the best decisions with total security and confidence.

Secure your Future with Notaria Perez Juan: Guaranteed Legal Peace of Mind

Purchases and sales

Do you know what documents you need to sign a sale? From the DNI of sellers and buyers to the energy efficiency certificate of the property, we guide you through each step. We also explain the taxes you need to pay and how to manage them.

DNI (or passports and NIE/NIF) of sellers and buyers.
Title deed.
Tax receipt (IBI).
Documentation relating to the means of payment (in any case, dates and forms of payment and, if available, documents certifying the payments: cheques, transfer receipts, etc.).
1,000 or more may not be paid in cash if any of the parties involved is a trader or professional. By way of exception, this amount is increased to 10,000 euros if the payer is an individual who is not resident for tax purposes in Spain and is not acting in the capacity of a businessperson or professional.
If a flat or premises in a condominium building is to be sold, the administrator's certificate regarding the state of the community expenses must be provided, although the buyer can exonerate the seller in the deed.
The seller must provide the buyer with the energy efficiency certificate of the property. Please consult us about the exceptions provided for in the regulations.

The seller pays the "plusvalia" (tax on the increase in value of urban land), within 30 working days, by presenting a simple copy of the deed at SUMA (however, it is now possible to send this copy telematically from the Notary's office, immediately after signing the deed. Please consult us). The amount to be paid will depend on the difference in value between the dates of purchase and sale of the property, and on each town hall.
The buyer pays the transfer tax and stamp duty, within ONE MONTH, by presenting form 600 at the competent tax office. In the Valencian Community, the rate is 10% of the HIGHEST VALUE between the purchase price or the cadastral reference value (although there are deducted rates of 8%, 6% or 4% for certain cases). However, if the seller is a developer of new housing, the buyer does not pay TPO, but VAT, also at 10%, in addition to the AJD rate, at 1.5% (which is reduced to 0.1% if it is to be a primary residence). However, there are certain reduced rates that may apply to you. Ask us about them. We can take care of all these taxes.
In terms of personal income tax, the sale or purchase will result in a capital gain or loss that will have to be taken into account in the next tax return.
You will have to agree on how to pay the notary and registry fees. Usually, in our area, these are paid by the buyer. In the absence of an agreement, article 1455 of the Civil Code will apply, according to which the seller will pay the notary's fees (approximately 70% of the invoice), and the buyer will pay the copies and other notary fees (approximately the remaining 30%), as well as the registration.

Mortgages

You must contact your bank to start the mortgage contracting procedures. Once you have done this, you are free to choose the notary with whom you want to sign. In our Notary's office Pérez Juan we will advise you free of charge and impartially about the conditions of your mortgage, by signing the DEED OF TRANSPARENCY.

Transparency minutes

This is the document where the notary advises you, free of charge and impartially, about the conditions of your mortgage, a few days before the scheduled signing of the mortgage, without the bank being present. It includes a test to confirm that you have understood all the clauses of your mortgage.

Cancellation of mortgages

"But I've already paid my mortgage... do I have to do any more paperwork?Yes. Even if you have already paid off your mortgage, it is necessary that your bank signs the mortgage cancellation deed with the notary, and that it is registered in the Land Registry, in order to eliminate the mortgage definitively and that this fact is enforceable against any third party. This is especially important if you are going to sell the property, because the buyer will want the mortgage not to appear in the Land Registry.

Rectification of registered area

This is a procedure that aims to rectify the surface area of a property, because in reality it has more (or less) square metres than in the deed. It is quite common in rural properties, where the error has been dragging on for many years, and it is usually wanted to be fixed when the owner intends to sell the property. It includes notifications to the owners of adjoining properties.

DNI (or passport and NIE/NIF).
Authorised copy of the title deed of the property.
IBI receipt (with which we can obtain the descriptive and graphic cadastral certification from the notary's office, which is essential).

Declaration of new construction

Declare any new works or extensions to your property with the correct documentation and proper procedures, ensuring that everything is in order.

IF IT IS A NEW BUILDING UNDER CONSTRUCTION:

the following must be provided licence municipal works and certification of the architect, with notarised signature, accrediting that it coincides with the licence and the project. THE ARCHITECT DOES NOT NEED TO PHYSICALLY COME TO THE NOTARY'S OFFICE, HE CAN SIGN ONLINE or BY VIDEOLLAMINATION THROUGH THE CITIZEN'S NOTARIAL PORTAL.

IF THE WORK IS COMPLETED, OR WHEN THE COMPLETION CERTIFICATE IS SIGNED

if the work is under construction, it must be provided:

Licence of first occupation (or "declaración responsable" provided for in art. 222 LOTUP).
Energy performance certificatewith some exceptions. Please ask us about them.
Certificate of completion of the architect, with notarially authenticated signature and with the approval of the architect's office. THE ARCHITECT DOES NOT NEED TO PHYSICALLY COME TO THE NOTARY'S OFFICE, THEY CAN SIGN ONLINE or BY VIDEOLLAMINATION THROUGH THE CITIZEN'S NOTARIAL PORTAL. In the same or a separate certificate, the georeferencing coordinates of the portion of land occupied by the building shall also be stated.
Building book only for building permits applied for after 23/06/2011. In all other cases, it will be sufficient for the developer to state that he has the building book in his possession and that he is willing to provide a copy to each user of the building.
In the case of housing, proof of the subscription and validity of the ten-year insuranceunless it is a single family dwelling and the owner has been the self-developer for his own use.
If the dwelling forms part of a building or complex in a community of owners, it will be necessary to obtain the agreement of the community of owners to modify the façades or other common elements, unless authorised by the community's own statutes, or unless it is not part of a condominium as such, but only of a development with independent dwellings.
You can also declare a work by seniority, in which case no licence is required, although in order to gain access to the Land Registry, the following requirements must be met:
Proof of age of more than 15 years, (ask the notary's office about this period) by means of a descriptive and graphic cadastral certificate, technical certificate (THAT CAN BE SIGNED ONLINE OR BY VIDEO CALL), certification from the Town Hall, or notoriety deed.
That the description of the work coincides with the reality and with what is stated in the deed of declaration of work.
In the case of dwellings (unless they are individual self-promoters), which were completed after 5 May 2000, they must accredit the constitution and validity of the ten-year insurance policy, if ten years have not elapsed since its completion.

YOU CAN ALSO DECLARE A WORK BY SENIORITY

In which case no licence is required, although in order to gain access to the Land Registry, the following requirements must be met:

Proof of age of more than 15 years, (ask the notary's office about this period) by means of a descriptive and graphic cadastral certificate, technical certificate (THAT CAN BE SIGNED ONLINE OR BY VIDEO CALL), certification from the Town Hall, or notoriety deed.
That the description of the work coincides with the reality and with what is stated in the deed of declaration of work.
In the case of dwellings (unless they are individual self-promoters), which were completed after 5 May 2000, they must accredit the constitution and validity of the ten-year insurance policy, if ten years have not elapsed since its completion.

The modality of Stamp Duty (Actos Jurídicos Documentados), of the Transfer Tax (Impuesto sobre Transmisiones Patrimoniales). The tax rate in the Valencian Community is 1.5% of the value of the work, except if it is a primary residence, in which case the rate is 0.1%.

Secure your legal peace of mind today!

Don't leave your real estate and financial decisions to chance. At Notaría Pérez Juan, we are here to offer you the expert advice and legal security you need at every step. Whether you are buying a home, arranging a mortgage, or declaring a new construction, our team is ready to guide you with professionalism and dedication.

Ready to take the next step with confidence? Contact us today and find out how we can help you protect your interests and ensure your legal peace of mind - we're here for you!

Real estate and mortgages

Pérez Juan Notary Office

Purchases and sales

Mortgages

Transparency minutes

Mortgage cancellation

Rectification of registered area

Declaration of new construction

Purchases and sales

Mortgages

Transparency minutes

Cancellation of mortgages

Rectification of registered area

Declaration of new construction

Secure your legal peace of mind today!