The Law

Decree 218/2005, ‘Regulation of Consumer Information in the sale and rental of housing in Andalusia’ and Law 13/2003 of ‘Defence and Protection of Consumers and Users in Andalusia’.
When Developers or Real Estate Agents announce a home for sale or for rent, the law requires that the publicity provided for a property must describe the actual characteristics, condition and utility of the property.

Andalusia

Andalusia legislation goes further. Andalusia requires that listing agents have a DIA document available to the buyer. Under the legislation and In order to provide consumer protection, lack of such documents is a punishable offence.

Professional Vendors and Lessors have to have certain publicly available information, described in the DIA on each home including, among others,

• Clear identification of the identity of the seller or landlord,
• An overall housing site plan,
• A description and layout of electricity, water, gas and heating, networks etc.,as well as
• The full description of the property with a useful and general description of the building, common areas and ancillary services.

Real Estate professionals and Developers are obliged by law to create a Documento Informativo Abreviado de la Vivienda (DIA), a report containing all information about the home and the seller that must be delivered free of charge to anyone interested in a property.

The Real Estate Agency must display a sign in their premises informing the public that a “DIA Document” on any property will be provided upon request.

This sign has to be placed adjacent to the sign for the “Complaints Book”, of similar size and in Spanish at least.

Penalties

Andalusia is the more rigid than most in pursuing the regulations regarding advertising. Inspections and penalties are very common.

Inspections by the Technical Board and/or Ayuntamiento officers have focused on businesses and real estate managers, developers and builders, regardless of whether the homes were already built, under construction or planned.

Inspections have targeted both the sale and rental of property.

Inspections have been conducted both on site and of companies’ online website information.

Training

Recommended for all Real Estate companies and Agents, Construction and Property Development companies in Andalucía.

Deliverables

• Training in the principles of the law and DIA application
• Pro-forma template forms for DIA descriptions
• Template “DIA Documents Available here on request” notice.