Decree 218/2005 - How to comply with Decreto 218

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22
Feb

Decreto Law 218/2005

What is it?

New to Andalucia, the Decreto 218/2005 Law dictates that all property sales and rental professionals must have available, at all times, information pertaining to all homes that are up for sale, for rent or part of a new development.

The Decreto Law applies to all recognised real estate agencies, property developers and real estate professionals and its main aim is to safeguard the rights of the consumer throughout their search for rental property or while making property purchases.


How does it work?

Consumer protection laws ensure that failure to comply with Decreto 218/2005 Laws will result in legal consequences paid out in fines and penalties. The Ley 13/2003 clearly states that non-compliance with the Decreto shall incur the following fines:

Minor Offences up to €5,000.

Serious Offences up to €30,000.

Very Serious Offences up to €400,000.

Required Legal Documentation for Industry Professionals

  • All sales offices to display the Decreto 218 Notice
  • All resale property visits to be accompanied by an inventory (Ficha Informativa)
  • A Documento Informativo Abreviado (DIA) drawn up for every client enquiry on a new development
  • A Documento Informativo Abreviado (DIA) drawn up when requested for every rental home enquiry
  • A Nota Explicativa (additional information document) provided for all sale properties

What constitutes an offence?

Whether reported by a member of the public or industry, or detected by an official inspector, failure to comply with the Decreto may be deemed an offence worthy of punishment. The three types of offences described by the Ley 13/2003 of Andalucia can be summarised as follows:

  • It is a Minor Offence to not follow the applicable rules when offering documentation or information to a customer.
  • This minor offence can escalate to a Serious Offence or Very Serious Offence should the offender be deemed to be blatantly incompliant, habitually and/or intentionally ignoring the law and acting in a manner which may be damaging to clients and customers.

This entry was posted on Friday, February 22nd, 2008 at 6:37 pm and is filed under decree 218, documentation, offences. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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2 Responses to “Decreto Law 218/2005”

  1. 1
    COMPLY218 – get involved » Decree 218/2005 - How to comply with Decreto 218 Says:

    […] Decreto 218/2005 has been introduced to protect the consumer and ensure that all real estate professionals are playing by the rules. Ignorance or oversights are no longer valid excuses, and the penalties for continued non-compliance can be severe. Which is why, if you have a question – whether you are an estate agent, property developer or a consumer – and you cannot find an answer, you should post it here, and we will do our best to help you as accurately and as quickly as possible. […]

    March 6th, 2008 at 11:39 am
  2. 2
    Brian Marsh Says:

    I am trying to find out the rules for property that we have just listed but have so far been unable to gather the neccessary information from the vendor. Can you show the property, or even advertise the property without breaking the law?

    April 9th, 2008 at 12:34 pm

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