Protection and transparency measures in housing purchase and lease operations in Spain.

General regime of rights and basic information

 

Article 30. Basic principles of rights, powers and responsibilities.

1. The rights of the applicants, purchasers or tenants of housing, or in any other legal regime of possession and enjoyment:

a) Those recognized in the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16, and in the applicable regional legislation.

b) Receiving information, including that provided by advertising media, in an accessible format for people with disabilities or comprehension difficulties, that is complete, objective, truthful, clear, understandable and accessible, on the characteristics of the dwellings, their services and facilities and the legal and economic conditions of their acquisition, lease, assignment or use.

2. All agents that, operating in the housing construction and rehabilitation sector and the provision of real estate services, are empowered to transfer, lease and transfer homes in their own name or on behalf of others, such as developers , owners and other holders of real rights, real estate agents and property administrators, must comply in their activity with the duty of complete, objective, truthful, clear, understandable and accessible information in accordance with the provisions of this law, as well as in the legislation of defense of consumers and users in the case of relations between consumers or users and businessmen, the advertising they carry out being subject to the general legislation that regulates it, with a prohibition, in particular, of any advertising acts with insufficient, deficient or misleading information.

3. For the purposes of the preceding sections, information or publicity is understood as any form of communication addressed to housing applicants, users or the general public in order to directly or indirectly promote the transmission,lease and any other form of home assignment.

Information that omits essential information or contains it in terms capable of misleading the addressees or producing economic or legal repercussions that are not admissible is understood to be incomplete, insufficient or deficient, for disturbing the peaceful enjoyment of the home in the usual conditions of use.

 


Article 31. Minimum information in housing purchase and lease operations.

  1. Without prejudice to the principles and requirements contained in the applicable regional regulations and at a minimum, the person interested in buying or leasing a home that is on offer may request, before the formalization of the operation and the delivery of any amount on account, the following information, in an accessible format and on a durable medium, about the conditions of the operation and the characteristics of the aforementioned home and the building in which it is located:


a) Identification of the seller or landlord and, where appropriate, of the natural or legal person involved, within the framework of a professional or business activity, to mediate the transaction.

b) Economic conditions of the operation: total price and concepts included in it, as well as the financing or payment conditions that, if applicable, could be established.

c) Essential characteristics of the dwelling and the building, including:

- 1ºCertificate or habitability certificate.

- 2º Accreditation of the useful and built area of the dwelling, differentiating in the event of horizontal division the private area from the common ones, and without the ability to count for these purposes the surfaces of the dwelling with a height lower than that required in regulatory regulations.

- 3º Age of the building and, where appropriate, the main reforms or actions carried out on it.

- 4º Services and facilities available to the dwelling, both individual and common.

- 5º Certificate of energy efficiency of the house.

- 6.º Accessibility conditions of the dwelling and the building.

- 7º State of occupation or availability of the dwelling.

d) Legal information of the property: the registry identification of the property, with the reference of the charges, encumbrances and affections of any nature, and the participation fee established in the title deed.

e) In the case of subsidized housing, express indication of such circumstance and of the subjection to the legal regime of protection that is applicable to it.

f) In the case of buildings that officially have architectural protection because they are part of a declared environment or because of their particular architectural or historical value, information will be provided on the degree of protection and the conditions and limitations for reform or rehabilitation interventions.

g) Any other information that may be relevant to the person interested in buying or leasing the home, including aspects of a territorial, urban, physical-technical, asset protection, or administrative nature related to it.

 

  2. In the same terms as established in the previous section, the person interested in buying or leasing a home may request information about the detection of asbestos or other substances that are dangerous or harmful to health.

 

  3. When the home that is going to be leased as a habitual residence is located in a stressed residential market area, the owner and, where appropriate, the person who intervenes in the intermediation of the operation must indicate this circumstance and inform , prior to the formalization of the lease, and in any case in the contract document, of the amount of the last rent of the habitual residence lease that had been in force in the last five years in the same home, as well as the value that may correspond to it based on the applicable home rental price reference index.

 

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