Selling a property without registering: Is it possible

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If you are thinking about selling your home , you probably have many doubts about it. The legal and administrative procedures that must be carried out in a purchase and sale process can be confusing and that is why it is important to have the help of professionals to help you with everything you need. In today's article we tell you whether or not it is possible to sell a property without registering.

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Can you sell a property without registering?
Selling a home that is not registered is possible but not recommended . There is Chinese Overseas America Number Data no law that requires a property to be registered in the Property Registry in Spain. But not doing so can lead to many complications in the future.

Registering a home in the Property Registry is essential to know who the owner is and the rights and burdens that fall on said property. For this reason, the majority of properties are registered in this registry. It is also important to know that registering the property in the Cadastre is not enough.

If you want to sell a property without registering, the operation may be complicated . There are not many buyers who are willing to buy a home without being registered, since it can generate distrust due to the reasons why it is not registered, below we will mention which are the most common.

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Reasons why a property is not registered
As we have mentioned previously, when a home is not registered, it can generate distrust among potential buyers . That a property is not registered in the Property Registry can occur for several reasons:

The construction was carried out without the necessary permits.
The building is irregular.
Problems related to home ownership due to inheritances, divorces, etc.
The property has tax charges.
The owner does not want to pay registration and notary fees.
That is why it is important that if you are the seller, you clarify the reason why the home is not registered, and if you are the buyer, you must ask the reason.

Disadvantages of selling an unregistered property
As we have already seen, selling an unregistered property can be very complicated, not only because of the difficulty of finding those interested in buying an unregistered home, but there are other reasons that you should take into account.

In the event that your home is not registered, the buyer will not be able to acquire any mortgage loan , since in order for it to be granted it is essential to present the deeds of the home showing who owns the property and the charges it presents.

Furthermore, the operation will be much more expensive for the buyer since the transfer of this type of property is much more complex and the registration costs are much higher . This is because the new owner must assume the payment of Notary services and property transfer taxes corresponding to the two homes, meaning that the costs will be double those of a normal sale.




On the other hand, the fact that a property is not registered implies that the buyer does not have legal coverage . So if the property is seized, has an outstanding mortgage or has any other type of charge, the new owner must take care of the debts even if they do not correspond to him.

Can you register a property that was not registered?
Yes, the buyer can register the home in the Property Registry, however, they will have to face higher expenses. The buyer must pay the fees of a notary twice, since he will have to validate the current purchase and sale contract and the previous purchase and sale contract.

You will also have to pay the Transfer Tax twice , elevate the contract to a Public Deed and request a Domain File in court.

Once these procedures have been completed, the buyer will be able to make the formal registration in the Property Registry, presenting the Public Deed, proof of payment of the Property Transfer Tax and justification of the payment of the municipal capital gain.