WHAT IS THE DAFO AND WHEN IS IT ESSENTIAL TO HAVIE THIS DOCUMENT TO SELL YOUR COUNTRY PROPERTY?
Is DAFO required to sell or to buy a property?
The answer is no, DAFO is not required for the properties which are registered correctly.
DAFO is either required to be able to sell your property. But in case (parts of) your property was built without license and are not registered in the Land Registry you will have to apply for the AFO certification and reserve a certain amount for the fees to the Town Hall in order to be able to transfer the ownership of the whole property to the new owners.
The DAFO is a certificate which certifies clearly by the town hall that the property cannot be subject to a penalty or be demolished and gives maximum security to your purchasers. At present town halls will not give any verbal information about the Urbanistic situation of country properties in Spain, this can only be obtained by applying for the DAFO.
If you have made any changes to the property since you bought it (for example constructed a garage or a swimming pool) these have to be registered.
IT IS THE SELLERS RESPONSIBILITY TO OBTAIN THIS CERTIFICATE
The simplest way to explain it is that DAFO means: Declaration Assimilated out of Ordination and the idea is to have a record of the actual date of anything having been built on the property both inside and out, how many years have passed since construction and to certify that it has been accepted as legal and there will be no future penalties although it will not be possible to expand or build more.
1.Although it sounds difficult please do not worry, below are some of the requirements of the DAFO and how to obtain them, all of which we are happy to help you with. Price on this can vary according to the total construction value of the property.
2.The property must have a new style septic tank, not the old fashioned soak away type. Price for this is app. 2000 Euros plus IVA (installation included).
3.The property must have water and electricity.
4.A recognized architect or technician must write a certificate. Anything built since you bought must be included on the plan and also the architect must certify that the septic tank complies with regulations. We can recommend local architects and technicians familiar with the procedure who will do all the necessary measurements. It will be the architect who will, after doing the necessary measurements and paperwork, submit the project to the town hall and after this their architect will visit the property to ensure it complies.
The time for doing this can be anything from 6 months to 1 year and it is best to have it done at the time you put your house on the market as this means that the paperwork is in perfect condition when the right buyer comes along and there will be no delay or hesitation about things not being correct.
PROSPECTIVE PURCHASERS KINDLY NOTE THAT IF THE DAFO IS NOT DONE THEIR LAWYER WILL RETAIN SUFFICIENT MONEY TO OBTAIN THE CERTIFICATE.
In some cases it will be impossible to obtain a DAFO on a property for certain reasons which are beyond the control of the sellers simply due to the change of laws in recent years. In this case it is still possible to sell the property but as the purchasers are taking a risk they are likely to make a much lower offer.
From a purchasers point of view some but not all banking entities will give a loan on rural land regardless of whether the property has a DAFO or not but one would expect the amount of the loan to be lower than if all paperwork was in order.
We hope this helps but do please feel free to call in and chat to our friendly staff about any questions you may have.