Legal Implications of Property Purchase as "cuerpo cierto" or "Fixed Unit" in Spain

In this article, we will analyze the implications and consequences of acquiring a property through a "cuerpo cierto" or "fixed unit" sales contract. When a real estate purchase contract is entered into, the delivery of the property is one of the fundamental obligations of the seller. This delivery is the means by which the buyer acquires ownership or dominion over the real estate.

Area Discrepancy in Property Purchase

When a property purchase agreement is concluded, the delivery is one of the seller's fundamental obligations. However, an area discrepancy may arise after the purchase, where the buyer realizes that the property's area is different from what was stipulated in the contract.

“The area discrepancy in property purchase is regulated in articles 1,469 to 1,472 of the Civil Code. In a purchase with specified area, the discrepancy affects the buyer’s payment obligation, while in a purchase as a 'fixed unit', it is irrelevant to the price.”

What Does Purchase as "cuerpo cierto" Mean?

A purchase as "cuerpo cierto" is one where the price is not calculated based on the property's area or per measurement unit but is established as a lump sum. The property is defined by its description in the contract or public deed, regardless of its actual area.

“In a purchase as 'fixed unit', the property's area is not considered for forming the contractual will, so its mention in the contract is irrelevant.”

Regulation of Purchase as "Fixed Unit"

According to article 1,471 of the Civil Code, in the sale of a property for a lump sum, no price adjustment is considered if the actual area differs from what is stipulated in the contract.

“In the sale of a property, made for a lump sum and not based on a per-unit of measure or number, there will be no increase or decrease in price, even if the area or number expressed in the contract is greater or lesser.” (Article 1,471 of the Civil Code)

Consequences of Purchase as "Fixed Unit"

In a property purchase as a "fixed unit," the property’s area does not affect the price. Therefore, an area discrepancy does not result in a price adjustment.

“If the purchase contract specifies that the object is a property as a 'fixed unit', the property's area is not relevant. However, the buyer can still claim in case of hidden defects, contractual non-compliance, or irregularities in the property.”

Use of the Term "Fixed Unit" in Off-Plan Property Purchase

The term "fixed unit" is common in the purchase of already built properties. However, in off-plan purchases, where variability in the project might exist, property developers insist on buying as a fixed unit, although there may be some variability in the project’s definition and execution. In other future projects where the area is a critical factor, such as shopping centers or agricultural estates, the price is usually determined per unit of measurement.

“In the off-plan sale of large future properties, such as shopping centers, the price is usually set per unit of measurement due to the uncertainty about the property's area still to be built and its impact on profitability. However, this is less common in residential properties.”

Conclusion

Buying property as a "fixed unit" involves a price agreement that does not depend on the property's area. This method mainly applies to already built properties, while in off-plan projects, the price is based on the measurement unit. It is crucial to understand these differences to manage area discrepancies correctly and know the buyer’s rights in case of irregularities.lly established based on a unit of measurement.