IBI Non-payment: The Unexpected Path to Seizure for a Retired Dutch Couple in Estepona
Can you imagine losing your home over failing to pay a tax you didn't even know existed? Sounds outrageous, but this is exactly what happened to a retired Dutch couple in Estepona. A seizure notice was the beginning of their nightmare. The cause? A tax they believed was paid off, and a mistake in sending the notifications.
Nine years ago, the Dutch couple, Johan De Jong and Anna Jansen, decided to buy a property in Estepona to spend their retirement. Drawn by the warm weather, the friendliness of the people, and the tranquillity of the area, they carried out the purchase without receiving any legal advice, relying only on the guidance of their real estate agent and a contact at a Santander branch. The latter helped them open their account in Spain and manage the transfer of their savings from their bank in Holland.
For their new life in Spain, they chose the property they had bought as their address and entrusted a management agency with all the post-sale tasks: property registration, utilities setup, and change of ownership. However, despite all the arrangements made, nobody informed them about the property tax (IBI), a crucial detail that would have serious consequences.
After spending their last Christmas holidays in Holland, they returned to their Estepona home and found a chilling letter under their door: the administration had initiated a seizure process of their property due to the non-payment of the IBI. Unaware of the existence of such a tax, they had accumulated a debt which, if not paid within the established period, would lead to an executive payment period for the outstanding debt, with an executive surcharge of 5% and delay interest. Furthermore, enforcement procedures against their assets would begin.
In a state of shock, they contacted Valido Home. Our legal team immediately sprang into action, managing to suspend the open procedure and settle the debt with the Public Administration. But we didn't stop there. We set up a structure of direct debit payments and receipt of notifications for them, managed by our team, so that from that point on all notifications related to the property were centralized through Valido Home and, in case of a problem, it would be tackled from the very beginning, without having to wait for it to escalate.
Although the names are fictional to protect the privacy of our clients, this case is real and demonstrates the importance of having a competent legal and technical team when buying a property, whether you are a domestic or foreign buyer. There are numerous obligations that the average citizen is unaware of, but non-compliance with them can lead to severe consequences. They may not only face the payment of hefty fines, but they could even lose their property, even if it is fully paid!
Professional advice is essential to avoid such situations. At Valido Home, we work to ensure that our clients enjoy their new home without worries or surprises. Remember, you are not alone in this process. We are here to help you.
Miguel S. Moreira
Miguel is a trained architect and building engineer with a ample experience in the real estate sector. He is the co-founder of Valido Home and loves to inform about the risks involved in purchasing property in Spain.