Who will
oversee the purchasing
once I return to home?
Please be
confident that we will be monitoring the progress of your purchase. In
the case of new constructions to ensure that the stages are going ahead
as planned and in the case of re-sale properties to ensure that once the
property has been inspected for encumbrances that the signing of the
title deeds can take place as soon as possible thereafter. We will
endeavour to keep you well informed at all times.
Can I
purchase a property from overseas?
If having
returned home you wish to make an offer on a property you have seen we
can put this to the owner of the property on your behalf. Once it is
accepted we can arrange for the contract to be sent to you or your
solicitor by fax or courier. You will be required to sign and return the
contract and transfer the deposit before your offer is officially
accepted.
Purchasing a Property
- what happens next?
Once you have decided on the
property you wish to purchase and the terms and conditions have been
negotiated with the vendor then a deposit of 10% of the purchase price
is required to secure the property and as official confirmation of your
intent to purchase that property. The remaining 90% is payable on the
signing of the title deeds before the Notary.
If you are purchasing a new
construction then the constructor will ask for stage payments to be made
on the property. These can vary dependent on the constructor.
Your appointed solicitor will
then carry out all necessary searches on the property; to ensure that it
is owned by the vendor, it has planning permission, there are no
outstanding debts or charges on the property and other legal
encumbrances.
Once the searches on the
property are satisfactorily completed and the deposit has been paid in
accordance with the terms and conditions of the contract then the title
deeds are signed by both the purchaser and the vendor before the Notary.
What
if I am unable to attend the Notary to sign the title deeds?
It is quite
normal for your solicitor to have Power of Attorney in order that they
can sign the title deeds on your behalf. You will need to have
transferred the final balance for the property plus taxes to them prior
to the signing of the deeds and completion of the contract
The Notary (Notaria)
This is a solicitor appointed
by the Spanish government to witness the signing of all legal public
documents. In this case the title deeds (escritura) of the property. He
represents both the buyer and the seller. The Notary fees are around 1%
of the purchase price of the property and must be paid at the time of
the signing of the deeds. The Original signed document is retained by
the Notary who will apply for a formal change in the land registry. The
purchaser will receive an initial legal copy of the title deed which is
signed and stamped by the Notary. The official title deed can take a
while to be processed and until then this is your official proof of
ownership and must be kept in a secure location.
Taxes
We recommend that you allow a
sum of around 10% of the declared price of the property to cover payment
of purchasing fees e.g. land registry fee, notary fee, legal fees and
taxes.
Plus Valia
(land/capital gains tax)
This is generally paid by the
owner or the buyer (depending on the agreement) when they sell the
property. The tax is calculated on capital gain of the land.
Transfer tax is calculated on
the increase in the value of the land from when it was last sold. The
calculation is based on the rateable value of the property and is a
'one-off' payment.
What
if for some reason I am unable to complete on the purchase?
Once you have
signed a contract to purchase the property and paid a deposit this is
considered an official intent to purchase the property. It is therefore
extremely important that you are absolutely certain that this is the
property you wish to purchase and that you do not feel under any duress
to sign the contract.
How
long does it take between signing the contract and completion?
The whole process usually takes 8 weeks.
Will my
deposit be refunded
if the searches are returned unsatisfactory?
Yes, if for
whatever reason the searches are returned unsatisfactory, you will
receive your deposit back in full. It is for this reason that the
initial deposit is not paid immediately to the owner but held by your
solicitor.
Do we
have to use your solicitor when we purchase a property?
No. You are
free to use a solicitor of your choice however can recommend one in the
local area if required.
When
will I receive the keys to the property?
As happens in
the UK you will be given the keys on the completion of the signing of
the title deeds and paying the balance with the owner at the notary.
What is
an NIE Number?
NIE number ( Numero de
Identificacion de Extranjeros)
You will be required to have an NIE number for any financial dealings you may have in Spain. This is a
simple, but sometimes lengthy process which involves filling in a form
with your solicitor, you also need to supply a colour passport photo,
a photocopy of your passport and your passport, the solicitor will then
obtain your NIE number from the local police station. The NIE number can
take anything from 1 week to 5 weeks to be obtained and we strongly
advise you to apply for one as soon after you arrive in Spain. The price for this is generally included in the fee for the conveyancing however, if you wish to apply for one earlier the fee is
normally around 60 Euros.
Will I
need a Spanish Bank account?
Whilst it is not a necessity to
have a Spanish Bank Account to purchase a property in Spain we strongly
recommend it. We can help you to open an account at the bank of your
choice. The cost of opening a bank account for non-residents is ususally
free.
Community Fees
These are payable yearly and
the average price depends on the size of the property. These are paid in
respect of services ie. Street lighting, refuse collection, police.
Water
If your property has a mains
supply then there is a standard charge for water which is approximately
12 Euros payable every 3 months. The charges for consumption are in
addition to this.
If you have a supply from a
balsa, underground store, then the fees are dependent on consumption and
are payable when the water is delivered.
Electricity
This is very dependent on how
much you consume, there is a standard charge of around 12 Euros payable
every 2 months and then a charge for consumption in addition to this.
Telephone
The standard charge for a
telephone line installation from Telefonica is around 180 Euros. The
line rental and call charges are then payable every 2 months.