Real Decreto 515/1989 - English

[Smiley]

Hi

I'm after a copy of the Real Decreto 515/1989 in English.

If anyone knows where I can get one I'd much appreciate it.

Thanks

[felix]

Royal Decree 515/1989 is about the protection of consumers regarding the compulsory information purchasing and renting houses in Spain
I do not have a full translation but I can translate you the more important sections, as a property solicitor in Spain I usually explain this sort of things to my clients

The developers or builders must give this basic information:
The name or trade name of the builder, address and information of inscription in the Companies Registry.
Detailed and scale plan of the property and building specifications, electric water and gas fixtures and their guarantees. Soundproofing , heat insulation. Built and usable area. Full and accurate description of the property
Plans for the surroundings and communal facilities.
Building projects
Town hall building permit for new build
Commonhold rules
Damage insurances or bail insurances to guarantee for a different periods the indemnification of material damages in the building caused by structural defects
Last IBI receipts
Cadastral certificate
Declaration of new building
Draft of the future purchase sale contract
The total price of the building specifying the VAT and the fees of the agent. Ways and dates of paying.
Land classification (town hall) Cedula urbanistica
If the building looks like concluded ask for the permit to inhabit the dwelling, completion building certificate and License for first occupation. Check water gas and electricity connections
Land Registry certificate or deed for evidence of title, register of new built and possible encumbrances or loans outstanding
Copies of the precise licenses for the construction and occupation
Date of delivery
Conditions of the mortgage offered by the developer.
What searches should I do if I a thinking of buying off-plan in Spain?

Developer´s deed to confirm that the developer own the land
Regional and local urban plan
Confirm a telephone connection will be obtainable
Check in the town hall if there are other buildings planned close to your property
If there are subrogation of mortgage previously , information of the form in which this foreseen to document the contract.

What is the usually period of construction ? Between 12 -36 months


Regarding the deeds of the land which on the developer will build the property what must contain ? It must contain copies of planning documentation proves that the building has been erected on the land in accordance with local planning regulations and without breaches


In which moment the developer should to give the documentation ? The developer or the builder (directly or through the Agent) will not be able to give you from the beginning the whole documentation that must give you. He will have to provide you when, depending on the phase of construction he is required by law

What is an unfair term ? An unfair term is classified as one which, contrary the requirements of good faith causes a significant imbalance in the parties' rights and obligations arising under the contract to the detriment of the buyer.


What happens if the contract contains unfair terms ? It will be considered might possibly be caught by the Spanish and European law


What happens if the developer vary the method of construction or the materials used in the construction ? The buyer will be reluctant to accept such a clause unless it is qualified to provide that such variation will not diminish the value of the property.


Any provision which seeks to restrict the buyer's choice of Notary is rendered void

Which kind of unfair terms are the most common ?

Those that they do not reflect with clarity or omit, in the cases of deferred payment, the quantities of instalments, the annual interest rate on the outstanding balance and the conditions of amortization of the granted credits and those who of any way authorize the seller to increase the price postponed during the life of the contract

The terms that impose an increase of the price for services, accessories, financing, postponements, surcharges, indemnifications or penalties that do not correspond to additional effective facilities that could be freely accepted or rejected by the buyer by independence of the principal contract.
The alterations of building motivated by not predictable reasons in the moment of the approval of the projects of urbanization or construction that have to originate modification of the stipulated price have to communicated before to the buyers who must give conformity to the exact quantity of the reform. Likewise the reforms that the buyers propose will make concrete in a document with the description of the content of the work and his repercussion on the price and the delivery time

The terms that suppose the repercussion to the buyer of failures, faults or administrative or bank mistakes that they are not directly attributable.

The terms that impose in the first sale of properties the obligation to pay the expenses derived from the preparation of the title that by law or for nature correspond to the seller: new building, creation of community property, mortgages to finance the construction or his division or cancellation.

Felix

[Smiley]

Hi Felix,

Thanks very much for your help. It is much appreciated.