Guide to buy a property in Spain!
What was yesterday a DREAM now became a REALITY!
Once you have chosen the property and want to enjoy it in full, you have to know the process of buying the property and what hidden traps and pitfalls could be on your way.
Be aware of:
- If the property is sold at an unusually low price it is most likely was built illegally and most likely unregistered. Many unregistered properties were sold to non-residents and in order to avoid such situations it is advisable to order “Nota Simple” (registry listing). Nota Simple is a report from the register that describes the features of the property:
- Who is the owner of the property.
- Whether it is free of any debts. In Spain, the debt can be linked to a property and not to the owner. When the property is sold the debt follows the property.
- The boundaries of the land.
- The total square meters of the property and land.
To avoid unpleasant surprises we strongly recommend to get this document before making any advance payment.
Be aware of:
- It also can happen that even though you signed a preliminary agreement with the seller, the property was sold to another buyer. In this case the property will belong to a person who will register it first at the Property Registry. A person who did not register it first at the Property Registry, but have a purchase agreement can request indemnification fr4om the seller and has a right to have double amount of the deposit that he paid.
Be aware of:
- It also can happen that the new property is delivered with changes or with some defects. The description of the property and architectural plan is the value of your contract. If you make changes it should be reflected in your contract. If the property has defects that were made by the developer he is obliged to correct them and repair.
Our architect can help you to determine the value of the defects and determine the costs to fix it.
Preliminary agreement
It is recommended to sign a preliminary agreement, especially if you need to apply for mortgage. A preliminary agreement is a simple contract where buyer expresses his intention to buy a property and the seller agrees to sell the property under the certain conditions and at agreed price. At that time the deposit is usually paid by the buyer and in case the buyer rescinds the contract he losses the deposit and if the seller rescinds the contract he has to pay back to the buyer double amount.
Notary
The notary should certify the transfer of the property. The owner and the buyer sign the contract at the notary and the deed of purchase is ready.
The deed of purchase should be registered at the Property Register, this protects the ownership rights to the property.
Taxes
Once the closing is done, the buyer should pay the following taxes:
Upon execution of a purchase of the property from the developer and the building or land to be built on represents the first-time transfer, the buyer should cover the following expenses:
- I.V.A. (Value added tax) – 10% from the cost of the real estate, 21% otherwise.
- A.J.D. (Stamp duty) – the stamp tax (impuesto de actos juridicos documentados). The stamp tax varies depending on the región – between 0.75% and 1.5% from the cost of the real estate.
- Registro (Registration of the sale and purchase contract in the Property Register)and Notario (Notarial charges) – the cost depends on the real estate amount, the number of pages and the number of buyers.
- Gestion (Legal drafting)
Upon execution of a purchase of the property of secondary housing, the buyer should cover the following expenses:
- I.T.P. (Tax on transfer of property) – 6-10% from the cost of real estate, depending on the region of Spain.
- Registro (Registration of the sale and purchase contract in the Property Register)and Notario (Notarial charges) – the cost depends on the real estate amount, the number of pages and the number of buyers.
- Gestion (Legal drafting).
For the seller: a local tax plusvalia should be paid. The amount of tax is calculated based on the number of years the property was held, and on the property’s valor catastral. The procedure is different for each city, the notary office should provide the information about this payment.
The seller should also pay the Capital Gain Tax – tax will be payable on the difference between the original purchase price and the sale price.
Financial services
If you’re planning to buy a property in Spain, you may be considering financing part of your purchase with a Spanish mortgage. Spain has a well-developed mortgage market, with various lenders offering a range of options for different types of Spanish mortgages.
We will search the banks in Spain and find the best rates for you. We will discuss your specific requirements, explain the costs and process, and tell you exactly what you will be able to borrow and how to proceed with an application.
In the process of buying the property in Spain, the mortgage takes the most time. Bank can pre-approve you if you can provide all the documents that the bank is asking for. If you have a pre-approval from the bank there is no risk of making any downpayment. To understand the value of the property the bank will hire the appraiser (tasador). The buyer should pay for this service, usually between 300-500 euros. The bank will give you a certain percentage of the appraised value of the property.
We can provide you with the preliminary list of documents that the bank can request
- NIE Número del Identificación del Extranjero. To buy a property in Spain you need to have a NIE number, it’s a fiscal identification number of the foreigner. The NIE number is a tax identification number in Spain, known in Spanish as the NIE, or more formally the Número de Identidad de Extranjero. Spanish Royal Decree 2393/2004 states that an NIE is required for the purchase or sale of property in Spain, for vehicles and boats; or in order to work or study. People living in Spain, or those who intend to spend a good deal of time in Spain, will need an NIE number. The NIE number is issued by the National Police of Spain, and we can arrange for an NIE to be issued for you. If you are buying a property as a couple, both partners will require a NIE in their names.
-
Spanish Bank Account. All utilities (wáter, gas, electricity) have to be paid directly from the Spanish bank account.
Call Us Now! We are here to help and assist you all the way through!
YOU ARE now THE HAPPY OWNER of Your HOUSE!
Key holding services
If you do not live permanently in your new house, you will need someone to take care about it while you are not around.
Do not put your house in unnecessary danger. Let us protect it by providing a key holding response.
For only 200 annual fees we make your life easier.
Basic package
Our routine visit will include a comprehensive inspection of your property:
- Monthly visit to see if everything is in order and secure.
- Ventilation of your property, flushing toilets.
- Checking for any visible signs of any leaks and water damages.
- Checking electrical items to ensure that everything works properly.
- Attending the property for deliveries and mail collections.
After each visit we send you dated photos and report of our visit.
Based on your personal preferences we can put together and provide with all services that your request.
Other services that we provide
We are based on providing wide range of home services upon YOUR specific requirements and highest standard of our work:
- Cleaning and washing services
- Plumber services
- Electricity services
- Construction/maintenance/repair
- Architecture services
- Satellite TV
See more details www.esregul.com
Booking accommodation
Our professional team will search for the best rate of time/money outcome for accommodation for you to have an unforgettable stay.
Airport pick up service and tour
We will pick you up from the airport and take you safely to your place of stay. We will provide guidedtours and excursions and do time management schedule for you in a way that this vacation will stay in your mind for a long time.