Owning land to farm or build, whether it is a home or a business, is a much more complex task than it seems. The attention and study of different factors is essential to correctly choose the land. Otherwise, in the future you could face very important legal problems that will make you regret this purchase.
To avoid these problems and have the security of buying land free of legal and economic charges, you must take into consideration several aspects. In this way, you will have a broad assessment of the land from all the necessary perspectives. To find out what you should know before buying land , at OneHOWTO we recommend that you continue reading this article.
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Before acquiring a property, you have to ask yourself what to consult before buying land. One of the first queries you should make is the cadastral situation: through the Cadastre page, you will be able to collect basic data such as the surface and the situation of the land.
However, you can also request a descriptive and graphic Cadastral Certificate before buying a plot of land to build on. With this certification, you will have all the data on the surface, the situation and the data of the owner or owners of the land. All the information collected must coincide with the data that appears in the land deed.
In the town hall corresponding to the locality in which the land is located, you can check if the owner is up to date with the payment of municipal taxes.
To find out if it is profitable to buy a piece of land, making a consultation prior to the registration situation is vital. In this way, you will be able to avoid any fraud attempt regarding a possible purchase. Request this information in the corresponding Land Registry and check the following factors :
- The non-existence of mortgage guarantees or liens on the property.
- The non-existence of limitations in the ownership of the farm.
- Proof of making the contract with the real owner of the land, not with a third party without any rights over the property.
- The farm is totally free of charges.
Ordinances and building
Buying land and building a house is within the reach of anyone, but fulfilling a series of legal requirements. The buildability and occupation of the land are factors that must be checked in advance because they can limit the dimensions of the planned building.
On the one hand, the maximum occupation of the land is the largest area that the building could occupy on the land. It is defined by a percentage with respect to the dimension of the land. The porches and terraces accounted for in the total occupation depend on the corresponding town hall.
On the other hand, the concept of buildability refers to the total area in square meters that can be built on the land, either on one or different floors. There are also other factors that influence the design of a building such as the maximum height, the alignments with the street and the neighbors, the setbacks or the permitted materials.
Infrastructures and services
Doubts about whether it is time to buy land are understandable for any buyer, but the analysis of aspects such as services and infrastructure in the area helps to clarify them. And it is that the location must meet the essential conditions to build a building: water connections, urbanization, electricity, access and sanitation.
If the land lacks any of the conditions, a study on the feasibility of its installation is necessary and assess the cost that it would entail. The town hall provides this information.
How to know if a land belongs to the council before buying it? By consulting the town planning regulations of the consistory you will obtain the answer. Thus, you will obtain different data about the soil , that is, whether you can give it the use you intend and what type it is.
Legislation in Spain establishes three types of land: developable, non-developable and urban. Each indicates the permitted uses. Therefore, you will need to make the necessary checks to build without problems.
Existence of easements
Easements of way or use correspond to the right of the owner and third parties to use a part of the land. It is essential to check this aspect in advance to find out if there are installations on the surface, paths, antennas or a risk area.
One of the cases that you could find is that, through the land you want to buy, there is a pipeline owned by a supply company, a neighbor or the town hall. They are acquired rights that must be respected.
In the case of an easement, it is necessary to know exactly its location. Other types of easements such as views and lights should also be taken into consideration.
To the costs derived from the construction and the purchase of the land, you must add the corresponding administrative expenses. For example , notary fees, transfer tax or payment of registration fees to the Property Registry.
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