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The Decreto (Decree) 218 became law in 2005 and
affects any real estate professional or intermediary
who deals with the sale and rental of properties in
the Andalucia region of Spain.
The law is applicable only for properties that will
be used as a dwelling and habitation of a person.
Therefore plots, garages, businesses etc are exempt
from this.
Tenant Check Spain offers the following downloads
for free to all our members:
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Necessary Documento
Informativo Abreviado’s (DIA) and Ficha
Informativa (FI) for the sale and rental of
properties in Andalucia (English
translations also provided for guidance
purposes only) |
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Modelo Cartel Decreto 218 -
Decreto 218 Notice |
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these downloads. If you are not yet a member please
click here to sign up for free.
The Decreto 218 is quite complex but we have
compiled the following to give you a brief outline.
All real estate agents throughout Spain need to
adhere to Real Decreto 515/1989 meaning that certain
information and documentation about a property
should be made available to a prospective buyer or
tenant. However over time, defects and inaccuracies
have been detected in this.
The Andalucian government recognised that consumers
needed to receive accurate, sufficient and clear
information about their purchase or tenancy and were
also keen to reduce the number of complaints from
the public about unscrupulous real estate companies
who were not providing consumers with the correct
information. Therefore the Decreto 218 is an
“extension” of the Real Decreto 515 but is far more
detailed.
The main differences between the two laws is the
requirement for all real estate professionals
conducting business in the Andalucia region to
supply a prospective buyer or tenant with a
“Documento Informativo Abreviado” (Brief Informative
Document), or DIA for short, to display a Decreto
218 Notice in all of their offices and apply changes
to the way in which they advertise properties.
Documento Informativo Abreviado
The Documento Informativo Abreviado varies depending
on whether the property is for sale or for rental.
There are also different DIA forms depending on
whether the sale property is in its planning phase,
under construction, already built or in the case of
a re-sale, a Ficha Informativa should be made
available. The document will provide accurate
information about the intended purchase or lease and
should be handed out, free of charge, to any person
who requests information about a property. A simple
enquiry about a property, no matter how small, is
enough for a consumer to be provided with this
information which should be available immediately.
This is where this law differs from the Real Decreto
515/1989 whereby under Decreto 218 the agent must
automatically provide the consumer with all the
information and documentation relating to the
property rather than just having it available in
case they request it.
The DIA form which should be used depends on the
property offered:
For a property which is in the project phase or
under construction a DIA as per Anexo II of the
Decreto 218/2005 should be used.
A DIA as per Anexo II of the Decreto 218/2005 should
also be used if the property is completed but is now
subject to construction work such as modifications
or improvements that significantly alter the overall architectural
configuration of the property or its main features
and elements. This applies to 1st title deed
transfer and 2nd or subsequent title deed transfer.
For a completed home with 1st transfer of title
deeds a DIA as per Anexo III of the Decreto 218/2005
should be used.
For a sale property a Nota Explicativa should be
provided and the client’s request for this should be
noted on a document outlined in Anexo IV of the
Decreto 218/2005.
For a completed home which is a 2nd or subsequent
title deed transfer (re-sale) a Ficha Informativa
should be used as per Anexo V of the Decreto
218/2005.
For a rental a DIA as per Anexo VI of the Decreto
218/2005 should be used.
The DIA should be completed for each property in
Spanish. You may provide additional DIA’s in other
languages but it is imperative that you have a
completed one in Spanish.
Supporting documentation should be also obtained.
Copies of the Nota Simple (not older than 3 months),
passports or NIE’s of the owners and
community details, rules and statutes (if applicable)
should be held. In addition to this you should have
evidence that all utility bills, community fees, IBI
(local tax) and Basura (rubbish) payments are up to
date. For some types of properties you may also need
floor plans (minimum scale of 1:100), catastral
value of the property and first occupancy licence.
If any of these documents cannot be obtained for any
reason it should be clearly stated on the DIA.
For new developments the following must be held:
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Completed DIA form which
must be provided to a client if they request
information about the property and/or at a
viewing |
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A Nota Explicativa must be
available should a client request it. This
is a detailed document explaining the price,
payment method and any other costs. |
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All relevant documentation,
including the DIA must be given to the
client at least 3 working days prior to
signing a purchase contract |
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All supporting documents
e.g. IBI receipts etc |
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For resale properties the following must be held:
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Ficha Informativa which
must be provided to a client if they request
information about the property and/or at a
viewing |
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A Nota Explicativa must be
available should a client request it |
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All supporting documents
e.g. IBI receipts etc |
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For rental properties the following must be held:
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Completed DIA form, which
must be provided to a client if they request
information about the property. It is not a
requirement to provide this unless they ask
for it however the client should be given a
copy before or at the time of signing a
rental contract |
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All supporting documents
e.g. IBI receipts etc |
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The completed DIA or Ficha Informativa should be
with you when you conduct a viewing. It is not
necessary to provide the client with copies of the
supporting documents but they must be made aware of
where they can view these documents. It is advised
to have a number of copies of the completed DIA to
provide to clients.
Decreto 218 Notice
This notice must be displayed twice in your office
in a visible place. It explains to the client that
there is a DIA for each property and that they have
a right to see it. This notice should be placed next
to the notice regarding the availability of
complaint forms.
The notice reads:
El Consumidor tiene derecho a que se le entregue una
copia del correspondiente documento informativo
abreviado de la vivienda.
Offering, promoting and advertising properties for
sale or rental
All professional agents or intermediaries
advertising a property for sale or rental must meet
certain minimum requirements as per section 5 of the
Decreto 218.
Any form of advertising, such as on a website or in
a window, should include the following information:
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Stating whether the
property is in its planning phase, under
construction, already built or for rental. |
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The location of the
property. |
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Identification number of
the property’s developer (if applicable). |
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Number of units (houses/apartments). |
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General description of the
property (number of bedrooms, living area,
terraces etc) including the usable area. |
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If the price of the
property is mentioned, it should also state
the other taxes and expenses that the client
will need to pay. |
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If the rent is mentioned,
this should also include the property owners’
community fees, should they have to be paid
by the tenant. |
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When payments are to be
done prior to the start of the construction
or during the construction, a statement
should be provided referring to the advanced
amounts that are to be made complying with
the law, the name of the guarantor, the
corresponding insurance policy number, the
existence of a special and exclusive bank
account and its number. It should also be
stated whether the money to be paid will be
a reservation deposit, as part of the price,
or both. |
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The clients right to be
provided with a copy of the completed DIA
form. |
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Spanish is the minimum requirement for publicly
available information. However you may provide the
information in additional languages if you so wish.
Properties should be removed from all advertising
means, such as on websites and in office windows,
until all of the necessary information is gathered.
Properties should not be offered to the public until
you have all of the documentation and the necessary
DIA, Ficha Informativa and Nota Explicative.
Who needs to comply with Decreto 218?
Full compliance is required if the property offered
for sale or rental is located in the Andalucia
region. Any property professional who comes into
contact with a potential buyer or tenant must comply.
If the agent’s office is located outside of
Andalucia but the property is in Andalucia, the
agent must still comply with Decreto 218 either by
having the documentation already to hand or by being
able to access it immediately, such as on a
computer.
All intermediary property professionals are
responsible for the required information and
documentation. Therefore even if you collaborate
with another agency you are still responsible.
Private owners do not have to comply with the decree
although some may find it assists them when trying
to sell or rent their property.
Property portals are exempt provided that they act
only as a 100% advertising portal.
Failure to Comply
Inspectors from The Junta de Andalucia are inforcing
this law all over Andalucia. Inspections can be
announced or unannounced. Ignorance of the law is
not seen as a valid excuse for not complying and the
penalties can be severe:
Minor offences - fines up to €5,000
Serious offences - fines up to €30,000
Very Serious Offences - fines up to €400,000
Therefore if you are not already complying with this
law it is imperative that you do so now or risk
being fined heavily. You can be fined for multiple
infractions.
For those agents outside of Andalucia, the Junta de
Andalucia have no jurisdication in these areas
although you have a responsibility to collate
similar documentation under the Decreto 515/1989.
Although this law currently only applies to
Andalucia it could in time become a nationwide law.
If you are unsure about your complience you are
advised to consult with a lawyer. Also obtain
written authorisation from the owner of the property
explaining that their details will be passed to a
3rd party (prospective buyers or tenants).
This is a brief guide to the Decreto 218/2005.
However, it is not a substitute for personal,
professional legal advice and it cannot be a basis
for any claim against Tenant Check Spain (a division
of Tenant Check Worldwide).
 Back to Tenant Check Spain
Or for more information relating to renting a
property in Spain please click on the following
links:
Landlord and Tenant Law in Spain
Successful renting in Spain
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