Selling in Jávea and Buying in Pedreguer: A Real Property Case

A British family wanted to sell their home in Jávea (Xàbia) and buy a larger property in Pedreguer. The move sounded straightforward, but the purchase depended on the money from the sale, and the new house was on rustic land ("suelo rústico").

In this video, Daniel and Juan Bertomeu, lawyers at Expat Abogados, explain the details behind the transaction and the checks that mattered.

Selling in Jávea and buying in Pedreguer: protecting the deposit

The family had bought in Jávea in 2022. Four years later, they were moving inland to a property with more land. Because they needed the proceeds from their current home to fund the purchase, the two transactions could not be handled independently.

Juan explains the risk: committing to the new purchase and paying a deposit before securing the sale could leave the buyers unable to complete. In this case, the contract for the Pedreguer property included a condition precedent ("condición suspensiva") linked to the sale of their existing home. That protection was specifically agreed with the sellers; it was not something to take for granted.

Why the original legal checks helped with the later sale

Our work on the Jávea purchase in 2022 included checking the planning status, Land Registry information, occupation documentation, energy certificate and Catastro records. Some details needed updating at the time.

When the family later sold, the documents obtained for that purchase were still valid in this particular case. Having dealt with those details earlier helped the sale and avoided additional expense. As Daniel explains, the checks made when buying a property can matter again when it is time to sell.

The rustic property had two registered plots and a missing house

The Pedreguer purchase presented a different set of questions. There were two registered properties, measuring 1,600 m² and 900 m², but they corresponded to one cadastral parcel. The house itself did not appear in the deeds or the Land Registry.

Addressing that omission became a condition of the purchase. Juan explains why the age of the building mattered in this case and distinguishes the registration of a house from its planning status. The discussion concerns rustic land in the Valencian Community; it should not be read as a blanket rule for every rural property in Spain.

Does an old house on rustic land become legal with time?

Not automatically. Under the current Valencian rules, there is no time limit for the authorities to require unlawful building work on non-developable land ("suelo no urbanizable") to be put right. Where the work cannot be legalised, this can mean demolition. Simply waiting does not make the property lawful.

For an older house, the completion date matters: the applicable time limit depends on the law in force when the work finished. We therefore check the age of the house and later extensions, the planning classification and the municipal file. Recording a building in the Land Registry is a separate question; it does not by itself establish planning legality.

Watch the full conversation for the contractual risks, the earlier due diligence and the details of the Pedreguer house.

Planning a move on the Costa Blanca?

Expat Abogados is a family-run law firm in Moraira and Dénia. If you are buying or selling in Jávea, Pedreguer or elsewhere on the Costa Blanca, tell us about the properties and whether one transaction depends on the other.

Contact us at legal@expatabogados.com.