Can noise be considered a hidden defect in new and used homes? Find out here

Hidden defects are regulated in the Civil Code between articles 1484 and 1490. According to article 1484, the seller must be held accountable for hidden defects that make the property unsuitable for its intended use or significantly reduce its functionality—so much so that the buyer would not have acquired it or would have paid less if they had known about the defect. At Barcelona Flat Hunter, we explain whether noise can be considered a hidden defect.

In housing transactions, disputes over hidden defects are common, usually related to structural problems or humidity-related issues. However, noise can also be considered a hidden defect under certain circumstances.

In newly built homes, the Technical Building Code (CTE)—specifically the DB-HR section—regulates permitted noise levels. Developers must ensure proper acoustic insulation before handing over the homes. If owners detect acoustic issues, they can request corrections from the developer within a three-year warranty period.

A notable case took place in Seville, where a judge annulled a sales contract due to noise issues that severely affected habitability. The property, purchased in 2005, suffered from acoustic pollution due to inadequate installations. The ruling ordered the termination of the contract, the refund of the purchase price, and compensation for moral damages.

In second-hand homes, noise may be considered a hidden defect if it meets certain criteria: it must be pre-existing, not easily detectable during purchase, and serious enough to affect the normal use of the property. If proven, the buyer may request contract termination, a price reduction, or compensation for damages.

To avoid such issues, it is advisable to visit the property multiple times at different hours and research the surrounding environment. If the noise originates from common elements like elevators, the homeowners’ association may be responsible for making necessary repairs and compensating affected residents, as reflected in some court rulings.

Master the Energy Certificate: What You Need to Know Before Buying

The energy efficiency certificate is a document that provides information about the energy performance of a property. Since 2007, this certificate has been mandatory in Spain for new constructions, and in 2013, it was extended to the sale and rental of existing buildings. This document is essential, as it allows users to know the energy rating of a home or commercial space before purchasing or renting it. The current regulation, RD 390/2021, establishes the requirements and procedures for its issuance, as part of European regulations aimed at improving the energy efficiency of buildings. At Barcelona Flat Hunter, we explain everything you need to know about this certificate before buying.

This certificate is crucial not only for energy consumption but also in the context of building decarbonization. By 2050, all buildings are expected to be zero-emission, and intermediate goals have been established for property owners to meet. The energy efficiency certificate plays a key role in achieving these targets. The rating ranges from G (least efficient) to A (most efficient), and energy consumption is assessed based on the construction characteristics of the property and its thermal installations.

Consumers have the right to know the energy rating of any property they are considering purchasing or renting, and this information must be provided by the owner through a registered and valid certificate. This document is also essential for accessing public subsidies for energy rehabilitation, tax deductions, and property tax (IBI) discounts, depending on the improvement in energy efficiency achieved through renovations.

The cost of the energy efficiency certificate varies, as there are no official rates. However, low prices have impacted the quality of the certificates. In 2026, a model review is expected, which will include new parameters and tools such as the “renovation passport,” posing a challenge for professionals in the sector.

What should a seller consider when buying a recently inherited property

A common situation that can be a source of serious complication is the purchase of an inherited property. In these cases, it is important to be especially careful when the inheritance comes from a family member, such as a brother or uncle, as the Mortgage Law establishes limitations on the possibility of mortgaging the property within two years after the death of the original owner. This means that if the buyer needs to finance the acquisition through a mortgage, the bank will not grant the loan, affecting both the buyer and the seller. At Barcelona Flat Hunter, we explain the considerations to take into account when buying a recently inherited property.

This limitation, which does not always appear in the “nota simple” (a document that provides basic information about the property), is considered a “legal limitation” and not a “burden,” which surprises many buyers who believe they can buy the property outright. However, if they acquire the property, they must assume the risk that, within those two years, a legitimate heir may appear and claim the property, voiding the sale. In that case, the buyer would lose the property to the rightful heir, although they could sue the “apparent” heir to recover the money paid, legal costs, and contract expenses.

Article 28 of the Mortgage Law establishes that inscriptions of inherited properties have no effect against third parties until two years after the death of the owner, with some exceptions, such as inheritances by “forced heirs.” These heirs include children, parents, and, in some cases, the surviving spouse.

Regarding the surviving spouse, their rights depend on the family circumstances, such as the existence of descendants or ascendants. If there are no other heirs, the spouse has the right to a life usufruct of part of the inheritance.

On the other hand, the inheritance is divided into three parts: the legitimate portion, which must be allocated to the forced heirs; the improvement portion, which allows the testator to benefit certain heirs; and the free disposition portion, over which the testator has full freedom.

If the buyer does not want to assume the risks, one option is to enter into a lease with an option to buy, waiting for the two-year period to pass before formalizing the acquisition.

What is the rental reservation contract and why is it important?

Did you know that there is a contract that allows you to secure a rental property before signing the final lease? This agreement aims to ensure that, for a specified period, the property will not be offered to other potential tenants, providing peace of mind to the future tenant so they can formalize the rental without rushing or worrying.

This type of contract is very useful in the current real estate context, where many rental properties receive high demand. At Barcelona Flat Hunter, we explain how it works, what it includes, and how the rental reservation contract is regulated.

What is a Rental Reservation Contract?

A rental reservation contract is a preliminary agreement between the landlord or their representative and the future tenant, in which both parties commit to finalizing a lease under specific conditions. Through this contract, it is ensured that the property will be reserved until the signing of the final contract, once both parties have agreed on the terms.

Generally, this agreement is signed after the potential tenant has visited the property and agreed to the rental conditions, such as the price, duration, or clauses. It is recommended that landlords verify that tenants meet the prerequisites before formalizing this contract.

Types of Rental Reservation Contracts

A rental reservation contract can be managed in two ways: through a real estate agency or directly with the landlord. If an agency manages the property, they will draft and sign the contract, although the final decision will always depend on the landlord. If the contract is with the landlord, they will draft and sign the agreement, respecting the negotiated terms.

Content of the Reservation Contract

The contract should include the basic information of both parties and the property’s address. Additionally, it should establish the terms of the future rental, such as the type of contract, the monthly rent, the deposit and additional guarantees, the start date, and penalties in case of withdrawal. It’s crucial that everything is clear to avoid misunderstandings.

Consequences of Non-compliance

If either party breaches the contract, penalties may apply depending on the conditions.

How to negotiate with the seller to get a fair price

Buying a home is undoubtedly one of the most significant financial decisions in many people’s lives. That’s why it’s crucial to carefully choose the property and master negotiation techniques to get the best price and avoid unnecessary expenses. At Barcelona Flat Hunter, we’re here to guide you on how to negotiate with the seller to get a fair deal.

The ability to negotiate the price of a home depends on several factors, such as its size, condition, age, and the price of similar properties in the area. Moreover, maintaining a serious attitude and demonstrating financial solvency can increase your chances of getting a discount. Generally, discounts range from 5% to 15% off the initial price, though this can vary depending on the seller’s strategies.

When dealing with properties offered by banks, negotiations can be even more fruitful, especially if the property has been on the market for a long time. Factors such as its location or condition can influence the negotiation margin. In these cases, detailed research on the property’s history and the owning bank can make a significant difference.

Before negotiating, it’s crucial to know the real value of the property. This involves analyzing the prices of similar properties, assessing the physical condition of the property, and understanding the seller’s situation. Getting a professional appraisal by an experienced buyers agency is an investment that can ease the negotiation process.

The negotiation process follows clear steps: setting a budget, researching the market, analyzing the property, and presenting a well-founded offer. It’s important to maintain an open dialogue with the seller, aiming for a fair and viable agreement. Once the deal is closed, it’s wise to formalize it to avoid any future issues.

Finally, the advantages for buyers include their financial capacity, the possibility of offering additional guarantees such as deposits, and the opportunity to take advantage of favorable situations, such as properties with low demand or sellers eager to close the deal. In this context, showing professionalism and empathy can be crucial to reaching a beneficial agreement.

Real Estate Personal Shopper: Buy your house without stress and without touring the whole city

The profession of real estate personal shopper (PSI) is relatively recent, originating in Anglo-Saxon countries where it is known as “real-estate buyer agent”, and has gained popularity in our country’s real estate sector. This role specializes in assisting the buyer throughout the entire process of purchasing a property, and their main clients are usually foreigners. This real estate professional handles all necessary tasks, from searching for the property to the public deed of sale, and, if needed, renovating the property. At Barcelona Flat Hunter, we explain how you can buy your house without stress and without touring the whole city by hiring the services of a PSI.

Although the term “personal shopper” is traditionally associated with the fashion industry, its use has evolved to include the real estate sector. There are already various companies in Spain offering these services, mainly targeting international buyers who seek to acquire a property for living or as an investment. These clients, unfamiliar with the local market, rely on the personal shopper to manage the entire process.

The main difference between a real estate personal shopper and a traditional real estate agency is that the former works exclusively for the buyer, not the seller. Additionally, the commission is set based on the services required by the client, and these are the most common:

● Define search criteria and budget.

● Translate documentation into the client’s language.

● Conduct a full technical and legal due diligence of the property.

● Negotiate the purchase price.

● Facilitate the management of taxes associated with the purchase (ITP, VAT, IBI, among others).

● Handle the bilingual drafting of the offer document and the earnest money contract and review the public deed of sale.

● Coordinate the renovation and decoration of the property, if necessary.

● Manage the rental of the property if the client so desires.

This professional, therefore, offers a comprehensive and personalized service that facilitates all the procedures involved in acquiring a home for the buyer.

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