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