Type of property

Urbanizations

Because of the nature of the property market on the Costa del Sol many properties you are likely to be shown (unless you move inland) will be in what is called an urbanization. Developers originally purchased the land and developed it for owner occupation but at the end of the day the entire area is an independent legal community in which the residents pay for the upkeep of the roads and the common services. These are not covered by the payments you make to the town hall.

You therefore need to ask your estate agent whether or not the property of your dreams is an independent property or part of an urbanization and if it is, what are the annual charges? Some of the charges can be very high especially in up-market urbanizations in places like Marbella. If you do not pay these charges, under Spanish law you run the risk of losing your property. It may be repossessed by the community to pay any outstanding costs and ignorance of the fact that you had to pay in the first place is no defence.

In urbanizations there are basically three types of property: apartments, townhouses and villas. Everyone appreciates that apartments are part of a community because you have people above, below and to each side. Townhouses are not so immediately recognised as being a community property since back in the UK many townhouses are totally freehold with each owner being self-sufficient. A villa in the UK would probably never be considered to be part of a community since it would be freehold and you would be responsible for everything.

Not so on the Costa del Sol – you might find that you are severely restricted in what you would like to do in terms of development of your villa because it is a property in which the community has an interest. We know people who have bought what they considered to be a freehold, detached villa only to find later that they have to pay high community charges and they cannot make large-scale changes to their own property without the prior agreement of their neighbours.

Individual villas

These are probably everyone’s dream property but they are also the most expensive. They have often been individually designed and built. Large gardens are common as are swimming pools. In most cases they have been designed to take full advantage of the views but even with this type of property that view could be obscured by new building. If this happens, it could wipe thousands of Euros off the value of your investment.

Country property

On the other hand if you move to a country area you could end up with much more freedom to be the master of your own destiny but if you buy in the country you need to ask your lawyer to check that your dream property is totally legal.

• Did it have planning permission in the first place?
• Is the size of the house you are buying now in accordance with the escritura – the title deeds?
• If not, has the current owner paid any fines which might still exist for increasing the size of the house without official permission?

I will return to this later but you must remember that in Spain, bills (or fines) accompany the property so if the previous owner does a runner without paying what is due, you will be liable and you will have to pay.

There is a culture here of extending, developing or improving property without asking for planning permission on the basis that if discovered you will probably pay less in fines than you might have done for the planning permission in the first place. This is fine if you plan to stay in the house for a long time since many of the potential penalties disappear after a few years. Your transgression may never be discovered but when you sell – or more importantly when you buy – could be the time that the previous owners are found out.

There has also unfortunately been a tradition in the past for owners of a plot of land to build a house on it with no planning permission whatsoever. As far as the title deeds are concerned, the land exists but the house does not. The authorities are beginning to tighten up on this.

Country properties can make very fine houses but there is often much work to be done to bring them up to the standard to which you might be accustomed. Many older properties may not have electricity, town water or adequate sewage disposal. They may be miles from the nearest telephone connections but this can be overcome using mobile or satellite telephones.

A traditional town house

Buying a traditional townhouse in a village or a town can move you right into the centre of the true Spanish experience. You will have a higher proportion of Spanish neighbours and you will undoubtedly pick up the language. Even if you buy an unrestored house, access to modern facilities should be easy. The only real negative is that life in the centre of a Spanish town or village can be noisy and, unlike town houses in the UK, you will be very lucky to find a house with any garden. Your only outside space may be an internal courtyard or a roof terrace. The flat roofs of many of these town houses are used by the local population to dry the laundry.

Buying a ruin or a potential demolition to rebuild

Another new law which has recently been introduced in Andalucia might prove to be a problem for some buyers in the longer term. In the past, if you bought a property in the country on which there was an existing house or a ruin it was not difficult to demolish the existing property and rebuild that dream property which you had always wanted.

New laws will ban this. If the ruin does not have a roof you cannot rebuild it. If the existing property is only 60 square metres – that is all you can build if you demolish and build something new. This is a way for the authorities to preserve the countryside as it is now. It could also be a problem for buyers who planned to build on the land which they purchased a few years ago with a view to building in the future when funds permitted.

Property to suit your lifestyle

The young family

If you are younger with a young family you need to choose property which is close to good local schools. You need to think about the fact that your children will want to visit their friends and you will be the chauffeur. If the property you choose is isolated, will you be able to find a babysitter should you want to have an evening out on your own? Will you need two cars or will you be able to live with only one?

The retiree

If you are older and planning to retire to the Costa del Sol there are other considerations. The beautiful three-floor town house may be no problem now but what happens when you get older and the stairs become a problem? Are you close to good local doctors? If you are in a more remote area how well is it covered by the emergency services, should you become ill? Is there a good local community which will provide you with leisure facilities? Are you choosing a property which is in an area which is mainly organised for holidays? If so, you have to realise that in the winter months it could be very quiet indeed whereas in the summer months it could be very noisy. Many people choose a location which faces the community swimming pool because it looks wonderful – a dream come true – but they may be viewing the property outside the main holiday season. Everyone has dreamt of looking out over a beautiful blue swimming pool. That same swimming pool in July and August could become an absolute nightmare when it is thronged with families on holiday with screaming children.

Golf property

Others choose property which is front line to a golf course. Wonderful if you play golf but if the fairways are directly in front of your terrace you will be plagued by the constant procession of golfers past your terrace in the golfing season which in Spain is most of the year.

Beach front

To many, a front line to the beach seems bliss. Yes it is – in the summer – but the Mediterranean is not always the placid blue sea of the holiday brochures. Storms do occur and beaches can be eroded by winter storms so if your dream property is first line to the beach you need to check how secure it is against the elements. In addition beach front properties could be affected by the damage that salt-laden air can do to the fabric of your home or your possessions. Check beach-front properties very carefully for damp.