Flat for sale in El Poble Sec, Barcelona city, Barcelona

Investors only. Possession of the property cannot be obtained.

No viewings are carried out, except for the final buyer once due diligence has been completed and the reservation agreement has been signed.
Only buyers purchasing in cash and without a mortgage.

Long-term investment opportunity at a price well below market value, which is estimated at €350,000 in vacant possession.

Rented property with an old-rent (indefinite) lease contract.
Monthly rent: €409.

Expenses borne by the owner:
• Community fees: €190 quarterly
• Property tax (IBI): €129 quarterly

Building in very good condition, ITE inspection passed and valid certificate of occupancy. Excellent communal terrace.

Tenancy situation

• Tenant aged 76 lives with his wife.
• Both reside in the property.
• Children do not live in the dwelling.
• In the event of death, the spouse is automatically subrogated.
• Upon the death of the last of the two:
o A child may only be subrogated if they can prove real and continuous cohabitation during the 2 years prior.
o Simply living "nearby" or on the same street does not grant subrogation rights.
o If no accredited cohabitation exists → the contract is terminated.

The lease predates the 1994 Urban Leases Act (LAU), therefore:
• It is governed by the 1964 LAU.
• Regarding duration, subrogation, and rent updates, the Second Transitional Provision of the 1994 LAU fully applies.

Upon termination of the lease due to the tenant’s death, subrogation is only possible, and in the following order:
4. The spouse who lived with the tenant.
5. Children who lived with the tenant for at least 2 years prior to death (unless they were minors).
6. Other descendants, ascendants, or siblings with a minimum of 2 years’ cohabitation.

Subrogation must be notified to the landlord within 3 months of the death, with proof of cohabitation.

Right of first refusal and redemption

Yes, there is a right of first refusal (Art. 47 LAU 1964).
The tenant must be formally notified (by burofax), indicating:
o Price.
o Essential conditions.
o Identity of the buyer.

The tenant has 60 calendar days to exercise the right of first refusal. After this period, the sale may be completed.

Case: Poeta Cabanyes 30, mezzanine, 1st floor

• Tenants: 76 years old and his wife.
• Monthly rent: €405.
• Community fees: €190 quarterly.
• Reference value: €268,000.
• One daughter who does not live in the property.

Conclusion

• Same structure as Tortellà.
• Spouse: yes.
• Daughter: only if she effectively cohabits for 2 years prior to the death of the last holder.

The property has 93 m2 according to the cadastre, is in original condition, and is ideal for renovation and adaptation to different needs.
The photos are for guidance only and do not correspond to the actual apartment.

It is a spacious and very bright apartment with double orientation: on one side facing Poeta Cabanyes Street and on the other a large inner courtyard, offering excellent views and abundant natural light.

The building has been fully renovated, has no elevator, and has passed the ITE inspection with a valid certificate of occupancy.
There are few neighbors, with only one apartment per floor.

It features a magnificent communal rooftop solarium with impressive views over Montjuïc and the city of Barcelona, ideal for outdoor enjoyment.

There is the option to acquire an excellent property with usage rights and a coefficient over an outstanding terrace.

Purchase taxes and brokerage fees are not included in the price.