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Dodgy areas to buy/modify property for non EU citizens?

Posted: Mon Feb 15, 2021 8:44pm
6 replies290 views5 members subscribed
Mrmike

Mrmike

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A  European friend who has a property for sale in Orihuela costa received this message from an Estate agent. It makes for interesting reading particularly for those deciding where to buy a property.

The message follows:- The areas of Orihuela Costa, Pilar de la Horadada,
part of San Miguel de Salinas and Cartagena is close to the military perimeter
of the Spanish Air Force headquarters in San Javier and Navy
facilities in Cartagena.
 
Pursuant to a Spanish Decree passed in 1978 the purchase of a property
located at a certain distance from the said perimeter requires a special authorization from the Ministry of Defence, if the person interested in the purchase is not a citizen of a EU Country.
 
Because of Brexit, British citizens are considered non-EU,
so from now on this type of permission will be an essential requirement
for completing a purchase in that area.
 
It is important to know that all those UK citizens who already own a home
in this area must apply for the said permit if they wish to declare any structural reforms and / or additions to the property, either with a Town Hall license or with an architect’s certificate to prove that the reform is old enough to enter the Land Registry record. The same applies to inheritance executions, even if the beneficiary already owns a share of the property.

The application for the military clearance needs to be submitted by recorded delivery to the Ministry of Defence. Apart from the application form,
the required documents include, notarized copies of identification documents,
a certificate of criminal record from the applicant’s Country of residence,
sworn translations and architect plans of the property and its location.
 
In the event that we submit it on behalf of a client, we must enclose a notarized copy of a Power of Attorney and a certified copy of our own ID card.


The total cost involved is calculated at 370 euros for one applicant,
and 620 euros for a couple buying the same property, as the technical
documents can be used for both. In case more sworn translated pages
are required the charge will increase accordingly.
 
The deadlines for obtaining the said permit would range from 2 to 4 months from reserving a property. Since the Royal Decree (689/1978 of February 10) where this requirement is approved establishes a period of 2 months for Defence to receive the documents and another period of 2 months to grant or not the permission and give an answer.
 
Unfortunately, this Decree has not been revised !

dinnerout

Posted: Tue Feb 16, 2021 2:08pm

dinnerout

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Posts: 2191

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Posted: Tue Feb 16, 2021 2:08pm

The Spanish government are coming under pressure from affected Generalitat (Regions) to review and amend this Decree. And in time I think it will be modified/simplified/struck off.

However, in the meantime, informed buyers will check with estate agents before viewing and it may result in lower viewings and sales in the affected areas as it complicates, delays and adds expense to the purchase.

Steve

Golandrina

Posted: Tue Feb 16, 2021 3:18pm

Golandrina

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Joined: 24 Mar 2018

Posted: Tue Feb 16, 2021 3:18pm

You should be able to see the full item regarding this here:   https://english.elpais.com/brexit/2021-01-25/in-spain-old-franco-law-hampers-post-brexit-house-sales-to-britons.html

Kimmy11

Posted: Wed Feb 17, 2021 12:43am

Kimmy11

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Posted: Wed Feb 17, 2021 12:43am

Hi Mike,

There were a few posts about this Military permit a few weeks ago.  What I find interesting about the communication your friend has received is the paragraph that reads, 

"It is important to know that all those UK citizens who already own a home in this area must apply for the said permit IF they wish to declare any structural reforms and / or additions to the property, either with a Town Hall license or with an architect’s certificate to prove that the reform is old enough to enter the Land Registry record. The same applies to inheritance executions, even if the beneficiary already owns a share of the property."

So prospective purchasers need to ensure that any changes/additions to the property have been legally approved and recorded by the current owners before committing to the purchase; but also, all current owners need to put this in place to ensure they don't cause an issue for spouse/inheritors.  Either way, if it was me, I'd shop around to ensure I wasn't being overcharged for this service.

Hopefully, the Decree will be repealed.

Kind regards,

Kim

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Mrmike

Posted: Wed Feb 17, 2021 9:07am

Mrmike

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Posts: 563

271 helpful points

Location: Torrevieja

Joined: 6 Dec 2019

Posted: Wed Feb 17, 2021 9:07am

Kimmy11 wrote on Wed Feb 17, 2021 12:43am:

Hi Mike,

There were a few posts about this Military permit a few weeks ago.  What I find interesting about the communication your friend has received is the paragraph that reads, 

"It is important to know that all those UK citizens who already own a home in this area must apply for the said permit IF they wish to declare any structural reforms and / or additions to the property, either with a Town Hall license or with an architect’s certificate to prove that the reform is old enough to enter the Land Registry record. The same applies to inheritance executions, even if the beneficiary already owns a share of the property."

So prospective purchasers need to ensure that any changes/additions to the property have been legally approved and recorded by the current owners before committing to the purchase; but also, all current owners need to put this in place to ensure they don't cause an issue for spouse/inheritors.  Either way, if it was me, I'd shop around to ensure I wasn't being overcharged for this service.

Hopefully, the Decree will be repealed.

Kind regards,

Kim

I think it is best for non EU citizens to steer clear of these areas. I have advised my friends (IT) to use agencies that deal with sales to Northern EU citizens, which abound in the Orihuela costa area. Interestingly their neighbors are South Americans.

Also a certificate regarding no criminal record for N.Africans must be hard to come by. Egyptian friends in Italy years ago said  it didn't exist. Just pay an official to write something on official looking headed paper and stamp it.

Bob6161

Posted: Wed Feb 17, 2021 9:20am

Posts: 72

37 helpful points

Location: Torrevieja

Joined: 25 Nov 2020

Posted: Wed Feb 17, 2021 9:20am

Mrmike wrote on Mon Feb 15, 2021 8:44pm:

A  European friend who has a property for sale in Orihuela costa received this message from an Estate agent. It makes for interesting reading particularly for those deciding where to buy a property.

The message follows:- The areas of Orihuela Costa, Pilar de la Horadada,
part of San Miguel de Salinas and Cartagena is close to the military perimeter
of the Spanish Air Force headquarters in ...

...San Javier and Navy
facilities in Cartagena.
 
Pursuant to a Spanish Decree passed in 1978 the purchase of a property
located at a certain distance from the said perimeter requires a special authorization from the Ministry of Defence, if the person interested in the purchase is not a citizen of a EU Country.
 
Because of Brexit, British citizens are considered non-EU,
so from now on this type of permission will be an essential requirement
for completing a purchase in that area.
 
It is important to know that all those UK citizens who already own a home
in this area must apply for the said permit if they wish to declare any structural reforms and / or additions to the property, either with a Town Hall license or with an architect’s certificate to prove that the reform is old enough to enter the Land Registry record. The same applies to inheritance executions, even if the beneficiary already owns a share of the property.

The application for the military clearance needs to be submitted by recorded delivery to the Ministry of Defence. Apart from the application form,
the required documents include, notarized copies of identification documents,
a certificate of criminal record from the applicant’s Country of residence,
sworn translations and architect plans of the property and its location.
 
In the event that we submit it on behalf of a client, we must enclose a notarized copy of a Power of Attorney and a certified copy of our own ID card.


The total cost involved is calculated at 370 euros for one applicant,
and 620 euros for a couple buying the same property, as the technical
documents can be used for both. In case more sworn translated pages
are required the charge will increase accordingly.
 
The deadlines for obtaining the said permit would range from 2 to 4 months from reserving a property. Since the Royal Decree (689/1978 of February 10) where this requirement is approved establishes a period of 2 months for Defence to receive the documents and another period of 2 months to grant or not the permission and give an answer.
 
Unfortunately, this Decree has not been revised !

Wow, that charge has gone up a lot, my partner is none EU and she filed her Orihuela costa Military paperwork in, in September 2017 and we didn’t get it approved till February 2018 and we nearly lost our deposit, I can’t remember the exact amount but it was well under €100. I think the best solution for U.K. residents to move to Spain in future, is to ditch their passports and arrive by rubber dinghy. Bob.

Mrmike

Posted: Wed Feb 17, 2021 12:03pm

Mrmike

Original Poster

Helpful member

Posts: 563

271 helpful points

Location: Torrevieja

Joined: 6 Dec 2019

Posted: Wed Feb 17, 2021 12:03pm

Bob6161 wrote on Wed Feb 17, 2021 9:20am:

Wow, that charge has gone up a lot, my partner is none EU and she filed her Orihuela costa Military paperwork in, in September 2017 and we didn’t get it approved till February 2018 and we nearly lost our deposit, I can’t remember the exact amount but it was well under €100. I think the best...

... solution for U.K. residents to move to Spain in future, is to ditch their passports and arrive by rubber dinghy. Bob.

U got it in 1 Bob!

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