it is recommended that initially you rent a comparable property in an area that could eventually be the location that you would settle. By renting, it gives you an opportunity to learn about the area before committing capital for the purchase.
Many countries allow foreign nationals to acquire real estate without restrictions. However, there are countries where permits are required to purchase property as a foreign national, or where property acquisition is limited to nationals of the country. The acquisition and ownership of real estate in a new country raises legal and tax issues that are often unsuspected by those concerned. Private acquisitions of real estate are frequently made without any accurate knowledge of the legal, tax and economic background particular to the country.
Value maintenance and capital growth will also play a vital role, so it is important to clarify these key factors before acquiring real estate in order to be protected from unexpected devaluation, legal and tax consequences. While this applies to real estate in general, it is particularly true for property located in a different jurisdiction, especially one with onerous legal systems and linguistic limitations.
It is generally an advisable risk-averse approach to appoint lawyers, tax experts, architects and trustworthy real estate agencies familiar with local expertise. The costs incurred will almost always be offset by the smooth and correct handling of the issues and procedures involved.
Other countries have different habits and different legal systems, especially in respect of real estate and tax law, which may assume very different forms in the various countries. So foreign acquirers of real estate should not let themselves be guided by their inherent feeling for what is right, but must inform themselves in an unprejudiced way about the circumstances prevailing locally. Still, the acquisition of real estate is safe in most countries as long as certain basic rules are observed.
Finding the right property
Although common knowledge, it is nevertheless worth remembering that location is the most important factor in the selection of any piece of real estate. Special care must also be taken to determine how the environment may change in the future. It is important to be aware of construction of projects for freeways, airfields, power lines, waste dumps or similar major developments that are planned in the area. One should also know in which construction zone the building plot and its surrounding plots are situated (might a neighbor add another level to his property and in doing so, obscure the marvellous lake view?).
The best way to gain certainty about these factors is to buy an existing property in surroundings which are already well developed and in which re-zoning is unlikely. If there are still many undeveloped plots of land around a property, it is hard to estimate how the surroundings and perhaps the entire appearance of the locality may change. Many location factors must be considered, above all the quality of the local municipality. The improvement of the location is critical for any future gain on the value of the property. Improvements to infrastructure such as transport links and shopping facilities will have a positive impact whereas construction of freeways will have a negative impact. In making an estimate of the future potential growth in value of a property, it is always worthwhile clarifying the planned and future development of the residential area in which it is located as well as any changes in local infrastructure prior to the purchase.
Also the quality of the location within the municipality where the property is situated is important as this will affect everyday life. Is the house located on a good street in a quiet area? Where are the nearest shops, banks, post offices, schools and kindergartens, high schools, location of evening classes, restaurants and sports facilities? Are there cultural facilities nearby? How easily can the property be reached by public transport? Where is the nearest national or international airport? Where is the nearest rail station? What are the connections like? How far is it to the nearest highway or freeway? How close is the nearest healthcare facility, and where are the nearest major hospitals?
Important aspects of the property itself are the size and shape of the plot, the orientation of the building and its exposure to sunlight, the view as well as the extent to which it is overlooked by neighbors.
Tranquillity is important – noise, especially from busy roads and airports, should not be underestimated. Intrusive odors also represent an important factor (proximity to paper factories, pig farms, food-processing establishments etc.). Exposure to wind plays a significant role in many areas (for example the Mistral in southern France or the Bora in Dalmatia). A secluded outside patio can be very attractive, but excessive exposure to wind can make conditions quite disagreeable outside the house, on the patio or in the garden.
Furthermore, pollution levels must be considered such as the extent of emissions and pollution from fumes. Therefore it is important to be far away from filling stations, covered car parks and busy roads. Likewise, one should be sufficiently far away from high-tension lines and mobile phone network antennas.
Where buildings are constructed on a slope, excessive water pressure and thus damp masonry may be a problem. Any danger of natural hazards must also be clarified. Landslides, avalanches, earthquakes, forest fires as well as flooding, tidal waves and tornadoes may present considerable risks in certain areas. The situation and construction of the property must be carefully considered to estimate the real risks.
Certain special features must be considered in the case of rural and agricultural real estate as well as of historical properties and houses located by rivers, lakes and close to the sea.
The buyer must also consider factors such as access and access authorization – is there a public road leading to the property? If there is only a private road, the buyer must be fully apprised of authorization access to the property as well as issues such as snow clearance in winter.
Another factor that should not be overlooked is security. The buyer should enquire as to the frequency of burglaries in the area where the property is located. If the house is very isolated, the buyer must consider the precautions that should be taken, such as the installation of a burglar alarm or the hiring of a private surveillance service. Perhaps there are neighbors and trustworthy persons who can keep an eye on the house when the owner is absent.
The following aspects must be considered with regards to the actual building: the size and configuration of the rooms and ancillary premises, the number of bathrooms, potential for additional fittings and extensions, construction quality of the building, heating insulation, energy consumption, heating and cooling systems (i.e. is the oil tank located in an environmentally safe place such as in a cellar or protective trough?); and communication accessibility (telephone, Internet, ISDN/ADSL, cable TV connections, a satellite dish). Furthermore, the buyer should also carefully examine these various installations and technical equipment and check whether the installations have been regularly maintained.
It is important to ensure sufficient sound insulation especially in apartments/condominiums and duplex villas. The best way to investigate these premises is to spend several days in the building or, if that is not possible, to have the sound insulation inspected by an expert who can accurately measure it.
From a legal perspective, it is very important to check before every acquisition whether the property to be acquired is encumbered with any easements, servitudes, charges, restrictive covenants, liens or mortgages. Such rights may be significant and may often greatly restrict the enjoyment or use of the property. The existence of such encumbrances may also have considerable effects on its value and future appreciation. The various rights and restrictions will differ in each jurisdiction, therefore even though it is usually noted in a land or ownership register or in the title deeds, it is important to have a local legal advisor investigate this properly.
Finally, when searching for a property, one should ideally already apply criteria which will be significant to future buyers when it comes to a resale.
