* Please note that this procedure may vary slightly from Developer to Developer - Please ask for specific development procedures
Once you have chosen your ideal property you will need to pay a reservation fee, which is normally €3.000 - €6.000 (deductable from your 10% - 30% deposit). This is extremely important because it not only takes the property off the market, but it also freezes the price. The reservation fee is normally paid either by credit card or bank transfer directly to the developer.
At the earliest possible time we recommend that you apply for an NIE number (a foreigner's identity number). This number is necessary when carrying out any financial transaction in Spain such as a house purchase, taking a mortgage or even opening a bank account
The numbers are issued at the National Police Station in the town where you are purchasing the property. Unfortunately, there are few hard and fast rules with regard to making the application as each town has its own rules. What you will definitely need is to complete the application form in duplicate and appear together with your passport and a photocopy of it at your nearest National Police Station.
Often, your estate agent will assist with this formality and they generally know the procedure in the area where they operate and will give you further guidance as to what additional, if any, documents you need to present.
Choosing a Lawyer Because property law in Spain is subtly different to the UK & Ireland, you will need to enlist a Spanish lawyer to help with your purchase. He/She will ensure that you are making a sound and legal purchase. We have a portfolio of recommended lawyers. Firstly, your lawyer will commission a search. The searches will include the following:
This contract will set out in detail the agreed purchase including price, payment term, completion dates etc. and you are generally required at this stage to pay a more substantial deposit of between 10% and 30% typically.
Once this document is signed and the deposit paid the buyer is committed to paying the balance of the property and the seller is committed to transferring the ownership of the land to the purchaser.
It is important that this contract is checked by your lawyer to make sure that all your rights and the vendor's obligations are incorporated into it. Often what is missing from a contract is more important than what is included.
Your lawyer will check that the vendor is the true owner of the property, carry out a Land Registry search, ensure that the property has no debts or encumbrances (such as an un-paid mortgage) and that the building is legally registered.
If you do not comply with all the terms of this contract you may stand to lose all monies paid.
You must receive guarantees either from a bank or an insurance company for any money paid to a developer for a property under construction.
If the property is under construction you may be required to pay instalments which should reflect the stages of the building process. Bank or insurance guarantees should be offered by the Developer to cover these interim payments.
The final payment is made at the time of taking possession of the property and this transaction is recorded in the Title Deed (Escritura de Compraventa) signed before a Notary Public.
At this time, any existing mortgage should be cancelled. If you are taking a mortgage with another bank the loan amount will generally be paid directly to the vendor on completion.
Many charges and debts incurred by the previous owner can be registered against the property if left un-paid and it is your lawyer's job to ensure that you buy the property free of any encumbrance and with the paperwork necessary to register the title in your name.
The relevant taxes (either VAT if a new property or Transfer Tax if a re-sale property) must now be paid within a fixed period of time to avoid fines. It is your lawyer’s job to ensure that the appropriate completed forms are sent to the Tax Authorities on your behalf on time.
Once the taxes have been paid, only then can the Deeds be delivered to the Land Registry for inscription.
This is probably the most important stage of the purchase and it is vital that the property be inscribed in your name at the earliest date to protect your interests.
Once you have possession, utilities need to be contracted and this can be a lengthy and complicated process fraught with bureaucracy. It is often a better idea to have the developer, or your lawyer to make the necessary arrangements.
We strongly advise all owners of investment property in Spain to arrange a Spanish Will as this will accelerate and simplify the inheritance process in the event of your death
As a rule of thumb, you should budget the combined total of between 10% and 12% of the purchase price to cover all the taxes and legal fees. In the Canary Islands, there are different rates of Tax (which are lower than mainland Spain), and you should ask your lawyer to give you a breakdown specifically for these islands.
The costs involved are:
They vary depending on the value of the property and various other factors. Allow approximately 0.5% of the property price to cover these.
These vary according to the locality, type and value of the property. They are not strictly taxes but fees charged by the Land Registry to inscribe your title.
This is the Spanish equivalent of VAT. It is incurred when you buy from a Developer rather than the private individual. It is charged at the rate of 7% on the purchase price of all property with the exception of commercial property and plots which attract 16% IVA.
A document tax or stamp duty which can be up to 1% of the purchase price is also levied on new property only.
There are certain costs involved in taking on a mortgage depending upon your chosen bank and the amount of the mortgage. These will be clarified to you at the time of arranging a mortgage. Bear in mind that in Spain, a mortgage is reflected in a separate Deed and therefore incurs Notary and Land Registry fees as well as certain Tax. For more information on current Spanish Mortgage options please click here.
These will depend on which services you instruct your lawyer to undertake. Normally, conveyancing fees are based on a percentage of the purchase price. Always ask for a quote before instructing your lawyer, and be sure to know what is included in the cost.
In addition to the above costs, there will be other payments made on your behalf by your lawyer such as the Land Registry search fee, bank charges etc.
After finding the property of your dreams, our agents can arrange for you to meet an independent mortgage adviser who deals with both local and international banks and can offer very competitive terms and rates.
We can also reccomend a legal representitive for your Spanish Property purchase or to help answer any of your questions then please e-mail: Legal@propertyshowrooms.com
Investors Protection All our developments come with developer's bank guarantees. Find out more about investors protection.
Get the latest property and investment opportunities direct to your inbox for FREE (you can unsubscribe anytime)
Starting a Business in Spain
Education System at the Costa del Sol & Spain
Foreign Demand for Spanish Real Estate surged in Q4 2017, with Brits back in greater Numbers too
Recommended Lawyers in Marbella
Guide to retiring to Spain
Uncertain Planning Situation still restricting Housing Market in Marbella Municipality
All property news from Spain
Subscribe to our RSS Feed
Subscribe to our newsletter and keep up to date with the latest and best investment opportunities around the world!